As pre-nups become more common, what can you include in the agreement?

News Team, 19/12/2019

The use of pre-nuptial agreements in the UK has grown rapidly since the landmark ‘Radmacher’ Supreme Court ruling in 2010, which found that, while pre-nups are not legally binding, they can hold considerable weight in the courts of England and Wales.

Courts must consider whether adequate provision has been made to meet each party's 'needs', which will be determined by reference to the standard of living during the marriage. However, even if the pre-nuptial agreement does not make fair provision for the financially weaker party, its existence can nevertheless act as a 'brake' upon their financial claims, provided other safegua...

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