Prenuptial agreements are not automatically legally binding in England and Wales in the same way as they are in other jurisdictions. However, following the landmark Supreme Court decision in Radmacher vs Granatino in 2010, the courts have been clear that a prenuptial agreement will be given significant weight provided certain conditions are met.
The key conditions a UK court expects as agreement to meet include:
No duress or pressure
Each party should be able to demonstrate that they signed the agreement voluntarily, without any coercion, duress or last-minute ultimatums.
Independent legal advice
Both parties must seek advice from independent solicitors, so that they can fully understand everything outlined in the agreement and the implications of signing the document.
Full financial disclosure
There must be an honest, open and comprehensive exchange of information regarding both parties’ assets, income and liabilities.
Reasonable timing
The prenuptial agreement should be signed well in advance of the wedding, ideally at least 28 days prior. This helps prevent any claims that the document was signed under last-minute ultimatum or in a pre-wedding rush.
Fair and reasonable terms
The terms of the prenuptial agreement should be fair and reasonable, with the agreement unlikely to be held up by the court if it leaves either partner destitute or fails to meet the reasonable financial needs of either spouse.
