But prenuptial agreements are not only popular in the world of celebrity. A recent survey published by Grant Thornton has shown that the number of prenuptial agreements is very much on the rise, with 56 per cent of family lawyers drawing up more prenups than any other type of legal document.

But even though more and more prenups are being drawn up, are they legally binding? Under English law, they haven’t been enforceable for over 150 years and divorce lawyers have only regarded prenuptial agreements as ‘persuasive’. But things look like they’re about to change.

This month the Court of Appeal has given a landmark ruling which has effectively given prenuptial agreements legal standing.

Katrin Radmacher, a German heiress whose fortune runs into hundreds of millions of pounds, managed to overturn the decision made by the High Court judge presiding over her divorce from Nicolas Granatino. The original ruling was that she must pay her husband £5.8 million, despite him signing a prenup that he would make no claim on her fortune.

But the appeal judge, Lord Justice Thorpe, ruled in Ms Radmacher's favour. He commented that it is becoming "increasingly unrealistic" to simply disregard prenuptial agreements which reflect "the laws and morals of earlier generations" rather than the current age.

He continued: “It does not sufficiently recognise the rights of autonomous adults to govern their future financial relationship by agreement in an age when marriage is not generally regarded as a sacrament and divorce is a statistical commonplace."

This decision by the appeal court panel has created a legal precedent that, in essence, means that prenuptial agreements can now be factored in when determining how much money a person can claim when getting divorced from their spouse. However, it is possible that the ruling could be overturned again, as Mr Granatino is now considering appealing the case in the House of Lords.

The Court of Appeal said that Mr Granatino’s original entitlement should be reduced from £5.8 million to a lump sum of £1 million in lieu of maintenance. He would also receive a fund worth £2.5 million for a house that will have to be returned to his ex-wife in 16 years' time, when the youngest of their daughters reaches the age of 22. In addition, Ms Radmacher will pay off Mr Granatino’s debts of £700,000, under a condition of the divorce settlement that she had always agreed to.

In a statement, Ms Radmacher claimed that she and Mr Granatino were both on an equal financial footing when they got married. Like his ex-wife, Mr Granatino is an heir to a multimillion-pound fortune. Ms Radmacher says that she believed that the prenuptial agreement was acceptable, as it is a normal contract in the couple’s home country of Germany, where the document was signed.

The appeal judges said that England should not be out of step with other countries - the US, Germany and France recognise prenuptial agreements as enforceable – and they condemned existing English law as “patronising” and outdated.

Sandra Davis, head of family law at Mishcons, said there would be “a seismic shift” in how the divorce courts approached prenups. Divorce courts will now regard prenuptial agreements as binding unless there is a reason not to do so.

The existence of a prenuptial agreement in the future may not just suit those who part amicably, but could also give them a good reason to do so, since arguing the terms of an agreement could seem like a waste of time and effort. It could pave the way for a DIY divorce without the extra cost of getting lawyers involved.

All of this may or may not impact upon Peter Andre and Katie Price, as the pair may manage to deal with matters amicably enough to have no dispute about a contract they both willingly signed. On the other hand, if their recent approach of blaming each other for the split boils over, there could be trouble ahead. Even so, it's increasingly more likely that a court may decide that the prenuptial agreement should be upheld.

With or without a victory for Ms Radmacher, it may therefore continue to make sense for those considering such an agreement to go ahead and do it.

More information
Article: Madonna faces loss of millions by not making a prenup
Article: Do I really need a prenup?
Article: All you need to know about when you should make a prenup and what it includes
Article: Prenuptial agreements to become legally binding
Article: 10 things you need to do after a divorce
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