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  • Writer's picturekellygrigg

Nuptial agreements

he term ‘nuptial agreements’ covers pre-nuptial agreements, post-nuptial agreements and separation agreements. Since the Supreme Court decision in Radmacher v Granatino [2010] UKSC 42, the family court’s approach to such agreements in financial remedy cases has evolved. 


The four principal routes by which a nuptial agreement may be challenged in a divorce are:


lack of legal advice;

failure to provide accurate disclosure;

duress;

and, most commonly, that the agreement fails to meet the applicant’s needs.


The position was reviewed by Peel J in HD v WB [2023] EWFC 2 in which he noted that, as per Radmacher, legal advice is ‘desirable’ but is not essential. In Radmacher the Supreme Court stated that the court should give effect to a nuptial agreement that is freely entered into by each party ‘with a full appreciation of its implications’. An assertion that a party fully appreciated the terms of the agreement can of course be supported by them having had independent legal advice.


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