Should nuptial agreements be made available to all?

Simon Thomas, Head of the Michelmores Family Team

Nuptial agreements are not defined or
recognised in legislation. Their status has been determined by case law, most
significantly by the 2010 landmark case of Radmacher v Granatino, which
ruled that appropriate weight should be given to the terms of a nuptial
agreement, so long as it was freely entered into by both parties and upholding
the agreement would still be fair in the circumstances as they prevail at the
time of separation or divorce.

As the law currently stands in England and
Wales, nuptial agreements, whether entered into before or after marriage, are
not binding. However, the …read more

Source: Family Law News


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