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Charlotte Sanders: Where are we now with pre-nuptial agreements?

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Date:2 APR 2014
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Charlotte Sanders
Assistant solicitor

Charlotte Sanders

Since the seminal case of Radmacher (Formerly Granatino) v Granatino [2010] UKSC 42 [2010] 2 FLR 1900 there has been a shift in how pre-nuptial agreements are viewed. Family practitioners have adapted to English law becoming more in line with that on the continent representing a move towards recognising the importance of autonomy within family law.

This mentality towards pre-nuptial agreements has been confirmed over the years in cases such as Z v Z [2011] EWHC 3878 (Fam) and V v V (Prenuptial Agreement) [2011] EWHC 3230 (Fam) [2012] 1 FLR 1315. Indeed the potential enforceability of pre-nuptial agreements has been so widely accepted that in February 2014 the Law Commission published its report entitled Matrimonial Property Needs and Agreements...

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