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Should nuptial agreements be made available to all?
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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 Law Commission’s comprehensive report Matrimonial property needs and agreements: the future of financial orders on divorce and dissolution
published in March last year recommends that the government consider making nuptial agreements (referred to by the Law Commission as Qualifying Nuptial Arrangements or QNAs) legally...
Read the full article here.