Prenuptial Agreements in UK - Essay Example

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Marriage is an institution that has been through a lot of scrutiny in the recent days. This has been caused by the messy divorce cases that are in courts every day. It is always hard for courts to determine how assets are going to be shared.
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Prenuptial Agreements in UK
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Download file to see previous pages Prenuptial agreements are not binding in the UK; however, the courts proved that, in case of Radmacher v Granatiano, circumstances had to be considered. They applied the requirements of the prenuptial leaving out parts that contravened principles of family law. Prenuptial agreements have remained to be a contentious issue since it can leave out fundamental principles. Such principles include being silent about children that may be born in the course of the marriage or insufficient funds or funds being allocated inefficiently leaving kids without being properly provided for. In case of such circumstances, the court has the authority to divide family assets in order to ensure children rule a decision in any other appropriate way. A pre-nap can be used to reduce the court’s authority to divide family money.
Radmacher going to court to challenge the prenuptial agreement undermined decision held in Macleod v Macleod . In this case, it was held that prenuptial agreements could not be binding and made a distinction between prenuptial and post-nuptial agreements. The Privy Council’s decision in this case shed light on how judiciary viewed this issue during that period. In Radmacher’s case judges stated that they did not recognize any difference between pre and post marital agreements. This change of position has been supported by scholars such as Joanna Miles who argues that there is no difference between a spouse and a fiancé. This means that whether the agreement is made before or after solemnization of marriage should not matter.
An additional effect of this case is that it provides a way that can result into pre-nuptial agreements becoming binding in the UK. This, however, can only happen if it is under the right circumstances. It, therefore, becomes necessary to consider the effects that pre-nuptial agreements will have on marriage after this decision. The first significant effect is that, after this decision, there will be legal certainty. Prenuptial agreements will help couples to know what will happen to their finances in case of a divorce. Courts have been known to be extremely inconsistent in the past and certainty is welcomed. However, these ...Download file to see next pagesRead More
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