Is a pre-nuptial agreement worth the paper it is written on?

Posted by familylaw on 18th September 2019

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:

1. That the agreement was entered into without any undue influence or pressure.
2. 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.
3. That each party received independent legal advice.
4. That the financially weaker party had plenty of time to consider the terms of the agreement.
5. 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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