The Law Commission is to produce its report on pre nuptial agreements next week and is expected to recommend that they become legally binding.
The commission was asked to write the report 15 months ago by the previous Labour government but delayed it to enable the Supreme Court to rule in the case involving heiress Katrin Radmacher. Radmacher and her husband, Nicolas Granatino signed an agreement before their wedding stating that he would not ask for any of her wealth if the marriage ended. However when the marriage broke up he did ask for more and the Supreme Court ruled that the original agreement should be legally binding.
The Law Commission is expected to receive criticism if it approves pre nups, from those who say it will encourage divorce instead of providing an incentive to stay married although family law specialists, who have said the law should be qualified in this area, say it will help avoid the kind of messy, expensive divorce that Sir Paul McCartney and Heather Mills went through two years ago, which cost Sir Paul £24.3m.
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