Sir, Just what did Messrs Miller and Macfarlane think they were doing when they married their respective wives (report, May 25)? When couples marry they commit all that they have and all that they are to each other until death. This means that every material thing that they bring to the marriage belongs to their new spouse just as much as it belongs to them.

The answer, the divorce lawyers tells us, is to sign a prenuptial agreement. This is wrong. Marriage must be entered into on the basis of its being a life-long, exclusive commitment. If there is any thought (much less intention) that this is not the case, then the couple are not ready to make that commitment.

If I knew in advance of the existence of a “prenup” between a couple, I would not preside at their wedding. Such a lack of trust will always undermine the relationship, and create a de facto inequality between the couple. This step towards contract law governing marriage must be resisted.

THE REV STEVEN M. FABER
Sleaford, Lincs

Sir, Congratulations to the law lords for striking another blow against the battered institution of marriage. The truth must now be acknowledged that a single man in possession of a good fortune is not in want of a wife. If he wants to perpetuate his family name a more cost-effective solution can be found through agencies offering egg donors, surrogates and nannies.

Their lordships present a dilemma for each woman. While she would like to find a wealthy man willing to marry, she needs to question whether such a foolhardy man can be a suitable father for her children. Perhaps the answer is to marry for money and look elsewhere for her children’s genes. Maybe it was ever thus.

JOHN RISELEY
Harrogate, N Yorks

Sir, In Miller v Miller and McFarlane v McFarlane, Lord Nicholls and Baroness Hale delivered what Lord Hope described as “complementary” speeches, while Lord Mance saw “differences” between the two. The fifth member of the court, Lord Hoffman, saw fit to side exclusively with Baroness Hale.

Divorcing couples, like other potential litigants, need clear law if they are to settle their finances privately. Decisions of our final court of appeal should consist of a single judgment.

PROFESSOR CHRIS BARTON
Stoke-on-Trent, Staffs

Sir, The recent Law Lords ruling on entitlement to a share of potential future earnings of divorced partners appears to omit one small detail. Will these former partners also be liable for their share of future losses?

FRANK HOLDEN
Dolton, Devon

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