It's been many years since I practised matrimonial law. Those were the days when Wachtel v Wachtel and Lord Denning (who incidentally signed my admission certificate) were the buzz.I've just read the full decision of the House of Lords in Miller v Miller and McFarlane v McFarlane at Bailii.org and wonder why anyone with large capital assests or high income would want to enter the state of matrimony. Don't get me wrong I have no problem with a just division of assets on divorce but it seems to me that today there is little realistic prospect of marriage for life in many cases and the financial consequences for high earners are now so dire following these decisions I believe many will think twice before going down on bended knee.Perhaps the pre-nuptial agreement should be given legal force so that the individuals can set out what is to happen if the relationship ends with maybe differing outcomes depending on the length of the marriage rather than allowing the Judges to make that decision.
That said, my high street practice matrimonial clients rarely have a pot to piss in so it wont make a blind bit of difference to my matrimonial legal executive.
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