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Family Law - Pre-Nuptial Agreements

Pre-Nuptial Agreements are not automatically enforceable in England and Wales by virtue of an Act of Parliament. The situation was regarded by many as one that was unsatisfactory and for a long time, in the absence of a decision to the contrary, it was generally expected that the courts would not uphold such agreements.

A decision of the Supreme Court in Radmacher v Granatino 2010 helped to usher in a new era for divorcing couples. A Pre-Nuptial Agreement is now likely to be upheld by a court when the parties divorce subject to certain criteria being met. The list of factors is not exhaustive and this is a developing area of law and one that requires specialist advice. Some of the main criteria is as follows:

  • The agreement must be entered into freely.
  • Each party must intend the Agreement to be effective.
  • Each party to the Agreement should have received proper information and advice.
  • The Agreement must contemplate provision for children of the family.
  • It must not be inherently unfair.