The English Court of Appeal has dismissed the husband’s widely-publicized appeal in a so-called 'big money case' of an award to his wife of 36% of the matrimonial assets. Charman v Charman, [2007] EWCA Civ 503.
In a special conclusion entitled “Post-Script: Changing the Law,” the Court went out of its way to encourage the Government to change the law so as to provide greater predictability. In particular, the Court focused on the need to clarify the English law concerning prenuptial agreements.
The Court stated that:
“The difficulty of harmonising our law concerning the property consequences of marriage and divorce and the law of the Civilian Member States is exacerbated by the fact that our law has so far given little status to pre-nuptial contracts. If, unlike the rest of