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Qualifying and quantifying marriage

Prenups will become commonplace but are best suited to high net worth couples and to those who have been married before, say Charlotte Bradley and Lauren Evans

2 April 2014

Despite their growing popularity, there is no statute to ensure that nuptial agreements, both pre and post, are binding in England and Wales. Regardless of whether you have signed a prenup*, there is nothing for now to stop you from applying to the courts for financial provision on divorce.

The courts currently consider prenups as factual circumstances when deciding how to share a divorcing couple’s financial resources, and, where appropriate, they may restrict an applicant’s entitlement to that which he or she agreed in the prenup.

In Radmacher v Granatino [2010] UKS...

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