The best answer to this question is ‘probably’.
In 2011, a point of principle was established in the case of Radmacher v Granatino, this being that the court should give effect to pre-nuptial (or post-nuptial) agreements which are freely entered into by each party with a full appreciation of its implications, unless it would be unfair to do so.
There is no law to enforce parties being bound by pre-nuptial agreements. However, providing certain elements are in place it is more likely that parties will be bound by the terms of an agreement. These elements are:
- That the agreement was entered into without any undue influence or pressure.
- That there was full and frank disclosure by each party to the agreement in order that the financially weaker party knew and understood what the financially stronger person has.
- That each party received independent legal advice.
- That the financially weaker party had plenty of time to consider the terms of the agreement.
- That any children or potential children were considered.
If you are contemplating entering into a pre-nuptial or post-nuptial agreement, independent legal advice is essential.
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