Enforcing a nuptial agreement

Are nuptial agreements enforceable in the UK?

A common question for couples considering a prenup or postnup is whether these agreements are legally enforceable in the UK. While nuptial agreements are not automatically binding, they can carry decisive weight in court, especially following Ayesha Vardag’s victory in the landmark Supreme Court case Radmacher v Granatino.

If you’re concerned about the enforceability of your nuptial agreement, contact Vardags today for a free initial consultation with one of our specialist divorce solicitors.  

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Legal impact of Radmacher v Granatino

The court in Radmacher determined that nuptial agreements should be upheld, if it was freely entered into by parties who had a full appreciation of its implications, unless it would be unfair to do so. There are several factors which will considered by the court to determine this, and there are specific circumstances which may vitiate an otherwise valid nuptial agreement (learn more here).  

Why nuptial agreements are growing in popularity

Since Radmacher, nuptial agreements have become increasingly popular as an effective method for couples to decide how their financial arrangements should be resolved if they were to divorce.

Provided that a nuptial agreement is carefully drafted to meet the required critera, it can provide a clear roadmap addressing the major questions which often arise following a relationship breakdown, such as:

• How the couple’s assets should be divided
• Whether spousal maintenance should be paid
• Who should be the primary caregiver of any children 

Having a well-drafted agreement in place prior to separation can help reduce the time, costs, and the emotional strain and conflict of trying to resolve such matters in financial remedy proceedings. 

Are nuptial agreements legally binding yet?

Not yet. As the law currently stands, nuptial agreements are not automatically binding. In 2014, the Law Commission published a final report called ‘Matrimonial Property, Needs and Agreements’. It recommended the introduction of ‘qualifying nuptial agreements’ which would be contractually binding, subject to certain safeguards. The Government has not yet provided a final response to this report. 

To learn more about the criteria for a valid nuptial agreement as per Radmacher, read our guide here.