Following her victory on behalf of Katrin Radmacher, which made prenups effective in English law, Ayesha Vardag spoke to the BBC about the possibility of unusual agreements. The article considered some of the bizarre clauses reported in American agreements, including requiring a spouse to undertake drugs tests, or having a penalty clause for adultery.
Though the enforceability of such clauses in English law remains uncertain and unlikely, Ayesha suggested that some new agreements may be reached. “For some companies like hedge funds, their assets are quite heavily held by individuals,” she said. “They might require a pre-nuptial agreement from any employees to whom they issue stock to prevent it being depleted.”
The landmark hearing in Radmacher means that prenuptial agreements will be considered binding by the courts in most cases. This reverses centuries of traditional legal thought, which took a paternalistic view and refused to accept the agreements.