Pre and post-nuptial agreements

This is a increasingly popular area of law as people become more cynical about the longevity of marriage, may have undergone expensive and bitter divorces or simply want to try and obtain security and financial certainty in the event of a relationship failing.

Currently pre- and post-nuptial agreements are not strictly legally binding in England and Wales. 

The Court is still able to intervene upon separation or divorce and determine how the financial aspects of a relationship will be divided.

However when doing so, following the well-publicised decision of the Supreme Court in the case Radmacher v Granatino (2010), the Court must consider and give appropriate weight to any pre- or post-nuptial agreement that is in existence.  Where such Agreements are entered into by both parties with a full appreciation of the implications, unless in such circumstances it would be unfair to uphold the Agreement, the Agreement will be held to have decisive weight and will be followed.

Should you wish to discuss such Agreements, please contact our family law team.

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