Any pre or post nuptial agreement is not necessarily legally binding. However, there is a growing movement that argue that these agreements should become legally binding. This primarily arises following the Supreme Court’s decision in the case of Radmacher v Granatino. The final decision of the Court was that the parties should be bound by the agreement that they executed, even though one of the parties argued at the time of the proceedings that it was not fair.
Following the decision in this case, the Government requested that the Law Commission prepare a report in relation to changing the law and to make pre and post- nuptial agreements binding in law. Although the consultation concluded that there were sound reasons to follow the decisions, the law has not yet been changed. This does not however mean that if there is a signed agreement (following the parties involved in the agreement having taken independent legal advice) that the agreement would not be found to be binding.
As such agreements are not automatically binding, they are open to judicial interpretation and different judges can have different opinions as to whether they should be binding or not. It is important to get expert advice to have the best possible chance of the agreement being upheld as binding by the Court.
The benefit of having a nuptial agreement:
- protect wealth
- avoids protracted and costly proceedings at the point of divorce
- avoid marital conflict
If you are in a same sex relationship and either have or are thinking about entering a civil partnership and would like to know about your legal rights, our family lawyers can help guide you through the process making sure you get the best outcome possible.