Although the courts in the UK have begun to recognise the validity and importance of prenuptial agreements in “the right circumstances” following the landmark case of Katrin Radmacher and Nichols Granatino in 2010 (where the Supreme Court said that their prenuptial agreement should be given “decisive weight”), there is no guarantee that such agreements will be upheld creating uncertainty for both parties.
However, the Law Commission published a report, Matrimonial Property, Needs and Agreements on 27 February 2014 and recommended amongst other things that prenuptial agreements should be legally enforceable after the needs of the parties and any children have been met.
The report includes the draft” Nuptial Agreements Bill” which if passed will make “qualifying prenuptial agreements” legally binding.
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