The case of the hotel concierge and the Avon heiress that hit the headlines this month acts as a further example of why the law regarding prenuptial agreements needs clarifying by statute. 

Presently, a prenuptial agreement that has been ‘properly entered into’ will be persuasive, sometimes highly so.  The checklist for maximum weight being afforded include the needs of the parties and any children being met by its terms, the agreement being fair, both parties having independent legal advice and not being entered into less than 3 weeks before the marriage.  A Law Commission report published in February 2014 how...