Following Vardags’ victory in the landmark Supreme Court case of Radmacher v Granatino in 2010, prenuptial agreements have been increasingly adopted in English law. Though not absolutely binding, the court will seek to apply a prenuptial agreement unless it is unfair.
Prenups can be seen as unfair if they were entered into in unfair circumstances – for example if a party didn’t declare all their assets, or applied undue pressure – or if they fail to meet even the basic needs of one of the parties.
Though a court will make its own decision as to the division of assets, a prenuptial agreement will have “magnetic importance” when reaching that conclusion. The presence of a prenuptial agreement can massively affect the financial outcome of a divorce case.
Arguing about the weight that should be given to a prenuptial agreement is a highly technical legal argument. If your case involves a prenup, it is vital you take good legal advice as early as you can.
The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.