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Small Marble 2 Pre-Nuptual Agreements

These 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 Law.

Significant weight was given to them in the case of Radmacher v Granatino [2009] 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 or Sarah Gill on 0115 9247 023 or email us. 

Pre-Nuptual Agreements