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.