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Pre-Nuptial Agreements

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The recent decision of the Supreme Court in the case of Radmacher v Granatino has now made it clear that pre-nuptial agreements will be enforceable unless they lead to unfair outcomes.

Man and woman shaking handsThe recent decision of the Supreme Court in the case of Radmacher v Granatino has now made it clear that pre-nuptial agreements will be enforceable unless they lead to unfair outcomes.

This decision is seen as a major step forward and a victory for fairness and common sense. Financial uncertainty is one of the most stressful elements of any divorce, and a pre-nuptial agreement can be a useful tool for couples wishing to reduce this uncertainty.

Until this decision, the enforceability of pre-nuptial agreements has been uncertain because they were seen as contrary to public policy and an attempt to override divorce laws. That principle has now been swept away allowing these agreements to become more mainstream and less the preserve of the rich and famous.

With second marriages on the rise, people marrying later, and many couples entering marriage with money and property already to their name, it is likely that there will be more demand for these agreements.

For the full judgment: http://www.supremecourt.gov.uk/news/judgments.html.

For more information please contact Antony Ball in the Family department.

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