are agreements made between those contemplating marriage or entering into a Civil Partnership. The content of a Prenuptial
Agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce,
breakup of marriage, separation or dissolution of a Civil Partnership. These agreements appear to be now given increased recognition in English
Significant weight was given to them in the case of Radmacher v Granatino  FLR1566 Court
of Appeal. In that case the Judges decided the division of marriage and assets on the basis that “decisive
weight” should be given to the [Pre-Nuptual] agreement. Thorpe LT stated that it was becoming “increasingly
unrealistic now to recognise the rights of adults to enter into agreement governing their future financial relationship”
The Husband has appealed to the supreme Court. The
Law Commission has confirmed that various proposals will be put to the government including recognition of pre and post nuptual
agreements We quote from the Law Commission www.lawcom.gov.uk/marital_property.htm where it refers to such agreements regulating a couples’
financial affairs during the course of their marriage or seeking to determine how they would divide the property in the event
of parting. However, it must be emphasised that such contracts are not binding under English law and cannot be made
so without legislation which is unlikely to be before 2012.
This may be made before the
marriage or Civil Partnership and there are strict conditions that have to be met. The position is therefore that if your
circumstances warrant, you should consider this and if you would like more information on this please contact Daniel Priest on 0115 9247 028 or email us.
Partners: Stephen Campion B.A. Diana Frempong LL.B. Sam Honeywood B.A.
Daniel Priest LL.B. Campions Solicitors, 45-49 Mansfield Road, Nottingham, NG1 3FH (Near Victoria Centre) Free
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of website use Copyright 2012 Campions Solicitors *Katie Bonnett has achieved specialist status under the Resolution
Accreditation Scheme *Diana Frempong has achieved specialist status under the Child Law Accreditation Scheme *Daniel
Priest is a Mediator