A nuptial agreement is not automatically binding here, but since Radmacher v Granatino courts give effect to one that is freely entered into with full appreciation of its implications, unless it would be unfair.
What makes one persuasive
- Signed well before the wedding, ideally at least 28 days.
- Full financial disclosure by both parties.
- Independent legal advice for each.
- No pressure, and needs met on separation.
- Review clauses on the birth of children or after a set number of years.
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.
