A critical case on English prenuptial law is currently being heard by the Judicial Committee of the Privy Council, which is the highest appeals court for
The current state of the law in
The last time the Law Lords looked at the issue was in 1929, when they ruled that binding prenuptial contracts would contravene public policy. Obviously the world has changed dramatically since that time.
See my article on this topic at http://www.international-divorce.com/england_-_prenuptial.htm
It is possible that the court will prefer to leave the issue to Parliament. The English Law Commission is currently consulting on the issue but its recommendations are unlikely to be issued until 2012.
Stay tuned for further developments.Disclosure: I am advising the husband in this case.