The criteria for a valid nuptial agreement ========================================== [*Radmacher v Granatino*](https://vardags.com/law-guide/important-divorce-cases/radmacher-v-granatino) remains the leading authority on nuptial agreements in England and Wales. This landmark Supreme Court decision established the key principles that guide courts when determining whether a nuptial agreement - commonly referred to as a **prenup or postnup** - should be upheld. From this judgment, the following key principles can be drawn: - Whilst the court will be aware of the risk of exploitation, it must assume that a "party to a properly negotiated agreement is a grown up and able to look after him or herself". - **It is desirable for the parties to have received [independent legal advice](https://vardags.com/law-guide/nuptial-agreements/independent-legal-advice), but it is not necessary** if the parties were **fully aware of the implications of the agreement** and had **all the information material to their decision**. - The parties should **intend** for the agreement to govern the financial consequences of their marriage ending. - The standard vitiating factors (**[duress](https://vardags.com/law-guide/nuptial-agreements/duress-and-undue-pressure), [fraud](https://vardags.com/law-guide/nuptial-agreements/fraud), and [misrepresentation](https://vardags.com/law-guide/nuptial-agreements/misrepresentation)**) will negate the effect of an agreement. Other conduct such as **undue pressure, or exploitation of a dominant position**, will reduce or eliminate the weight afforded to the agreement. - The court will consider **the parties' emotional state**, the **pressure they were under to agree**, and [other factors](https://vardags.com/law-guide/nuptial-agreements/personal-circumstances) such as the parties'**age, maturity, and whether they have been married previously**. - **The court should give effect to a nuptial agreement which was freely entered into by the parties with a full appreciation of its implications unless it would be [unfair](https://vardags.com/law-guide/nuptial-agreements/fairness-vs-autonomy) to hold the parties to it.** - The court should give weight to nuptial agreements out of [**respect for individual autonomy**](https://vardags.com/law-guide/nuptial-agreements/fairness-vs-autonomy), particularly where an agreement addresses existing circumstances rather than future uncertainties. - It will likely be unfair to hold parties to an agreement which leaves one party [**"in a predicament of real need"**](https://vardags.com/law-guide/nuptial-agreements/predicament-of-real-need) or which [**entitles one party to retain all the wealth they accumulated with the other party's support**](https://vardags.com/law-guide/nuptial-agreements/ringfencing-matrimonial-wealth). ### Should Your Nuptial Agreement Be Upheld? The court will weigh all these factors to determine whether your nuptial agreement should be given legal effect. If you're unsure about the validity or enforceability of your agreement, expert legal advice is essential. **If you are concerned about the validity of your nuptial agreement, contact Vardags today for a free initial consultation with one of our specialist divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Can I divorce in England with a foreign prenup?](https://vardags.com/law-guide/claiming-jurisdiction/prenup-abroad "Can I divorce in England with a foreign prenup?") [Drafting a nuptial agreement in the UK](https://vardags.com/law-guide/nuptial-agreements/drafting-a-nuptial-agreement "Drafting a nuptial agreement in the UK") [Enforcing a nuptial agreement](https://vardags.com/law-guide/nuptial-agreements/enforcing-a-nuptial-agreement "Enforcing a nuptial agreement") [Is there a nuptial agreement?](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/is-there-a-nuptial-agreement "Is there a nuptial agreement?") [Is your nuptial agreement invalid? The vitiating factors which undermine a contract](https://vardags.com/law-guide/nuptial-agreements/vitiating-factors "Is your nuptial agreement invalid? The vitiating factors which undermine a contract") [Radmacher v Granatino: Making Prenups Enforceable](https://vardags.com/law-guide/important-divorce-cases/radmacher-v-granatino "Radmacher v Granatino: Making Prenups Enforceable") [Reviewing or changing a nuptial agreement](https://vardags.com/law-guide/nuptial-agreements/reviewing-or-changing-a-nuptial-agreement "Reviewing or changing a nuptial agreement") [The criteria for a valid nuptial agreement: fairness vs autonomy](https://vardags.com/law-guide/nuptial-agreements/fairness-vs-autonomy "The criteria for a valid nuptial agreement: fairness vs autonomy") [The criteria for a valid nuptial agreement: independent legal advice](https://vardags.com/law-guide/nuptial-agreements/independent-legal-advice "The criteria for a valid nuptial agreement: independent legal advice") [The criteria for a valid nuptial agreement: personal circumstances and mental capacity](https://vardags.com/law-guide/nuptial-agreements/personal-circumstances "The criteria for a valid nuptial agreement: personal circumstances and mental capacity") [The criteria for a valid nuptial agreement: predicament of real need](https://vardags.com/law-guide/nuptial-agreements/predicament-of-real-need "The criteria for a valid nuptial agreement: predicament of real need") [The criteria for a valid nuptial agreement: ringfencing matrimonial wealth](https://vardags.com/law-guide/nuptial-agreements/ringfencing-matrimonial-wealth "The criteria for a valid nuptial agreement: ringfencing matrimonial wealth") [The criteria for a valid nuptial agreement: signing 28 days prior to wedding](https://vardags.com/law-guide/nuptial-agreements/signing-28-days-prior-to-wedding "The criteria for a valid nuptial agreement: signing 28 days prior to wedding") [What are prenuptial agreements?](https://vardags.com/law-guide/nuptial-agreements/prenuptial-agreements "What are prenuptial agreements?") 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.