POST PRENUPTIAL MARRIAGE AGREEMENT FULL

Since this decision, the Law Commission (an independent body which keeps the law under review) published a report in 2014 in which it recommended the introduction of 'qualifying nuptial agreements', which would enable couples to make binding arrangements for the financial consequences of divorce.

POST PRENUPTIAL MARRIAGE AGREEMENT FULL

The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement. This is due to the landmark 2010 case Radmacher v Granatino, which saw the Supreme Court clarify for the first time that a nuptial agreement will be upheld unless one person can show why it should not be. While nuptial agreements have no statutory footing in England and Wales (laws are different in England and Wales and Scotland), they are likely to be upheld by the English courts if they are drawn up properly and meet the required safeguards. This is one of the most common misconceptions about nuptial agreements. Myth one вЂ“ nuptial agreements are not recognised in the United Kingdom This has led to the widespread belief that nuptial agreements are unfair, worthless and unromantic, when in fact they can be a sensible, fair and transparent way to discuss the financial aspects of a marriage and agree the outcome if ever it breaks down. Nuptial agreements are commonly associated with the rich and famous and can often be sensationalised by popular news stories. It gives couples more control to make their own arrangements for the future, rather than leaving everything up to chance (and potentially costly court proceedings in the event of divorce). An agreement helps to provide certainty and security if a marriage breaks down and is also a good way of entering marriage with full knowledge of the financial picture. The aim of such agreements is to set out what a financial settlement would look like if a couple ever got divorced and to ringfence any assets that one or both of them are bringing to the marriage, or that they may inherit. The term 'nuptial agreement' refers to both pre-nuptial and post-nuptial agreements (ie, those entered into before or after marriage). Nevertheless, many feel apprehensive about raising the subject of nuptial agreements, partly due to the lack of impartial information and the influence of popular misheld beliefs. More and more couples are signing nuptial agreements, valuing the certainty and financial transparency that such agreements bring, and rejecting the notion that nuptial agreements are unromantic.

Post prenuptial marriage agreement