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Pre-nuptial agreements are agreements entered into prior to marriage designed to govern the
financial consequences of the marriage coming to an end. Traditionally, they are not enforceable in
the U.K. However, following the recent case of Radmacher v Granatino, it can be seen that they
may be enforceable if the points set down in Radmacher are adhered to. Each party must enter into
the agreement with free will and there must be no undue influence placed on either party. The Court
will look at the emotional state of both parties entering into the agreement and whether the marriage
would have gone ahead without the agreement. If one party stated that they would not enter into the
marriage without the pre-nuptial agreement, this can be deemed to be undue influence. Both parties
must be aware of the consequences of entering into the agreement, which include knowing and
understanding how the finances are likely to be dealt with by a Court if the pre-nuptial agreement is
not entered into, and both parties must have received independent legal advice in connection with
all aspects of the agreement. It is also highly desirable for both parties to disclose their current
financial situation to the other. This includes all assets, investments, property, savings, income and
any other capital, as well as liabilities and financial responsibilities. An agreement drawn up by a
solicitor after you have followed the above points should be given weight by the Court, provided it
is fair and reasonable. No agreement can oust the Court’s jurisdiction to make a financial order on
divorce. The agreement is more likely to be seen as fair if it deals with assets in existence at the
time it is made but does not attempt to divide future assets. An agreement will also not be adhered
to by the Court if it prejudices any children.
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