‘Marriage lite’ is recommended

COUPLES should be able to enter into pre-nuptial agreements before they marry without fear that a court will overrule them.

This was according to an English Supreme Court judge yesterday, saying it was patronising to say the couples could not decide before they wed how they should behave if they break up.

Lord Wilson said the couple should instead be able to choose “marriage lite”, in which their prenup, and not a divorce court, determines how their wealth is divided if they part. Lord Wilson said the current law, under which a pre-nup can be put into effect only if a court thinks it is fair, is wrong.

“We have reached the stage in which, if acting with appropriate care and understanding, parties should be allowed to elect the sort of marriage which they want,” he said in a speech at Bristol University.

His comments come nearly seven years after the landmark case of Katrin Radmacher, in which the Supreme Court upheld a pre-nup designed to protect the £100 million (R1.57 billion) fortune of the German paper industry heiress after the break-up of her marriage to Nicolas Granatino. Lord Wilson said yesterday he was “not necessarily in agreement” with Supreme Court deputy president Lady Hale, who said in the Radmacher case pre-nups should not have legal force because they undermine marriage.

“Marriage is a public status, conferred by the state; it is still surrounded by various pre-conditions; and it is attended by various economic benefits,” Lord Wilson said. He noted that one view was that couples should not, therefore, be able to opt for “marriage lite”, in which a pre-nup overrides other obligations. – Daily Mail