Prenuptial Agreements in UK Essay Example | Topics and Well Written Essays - 1750 words

Prenuptial Agreements in UK - Essay exercisePrenuptial agreements are not binding in the UK however, the courts proved that, in case of Radmacher v Granatiano, raft had to be considered. They applied the requirements of the antenuptial leaving out parts that contravened principles of family law. Prenuptial agreements have remained to be a contentious push through since it butt leave out fundamental principles. Such principles include being soundless about children that may be born in the course of the marriage or insufficient property 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 courts 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 in the midst of prenuptial and post-nuptial agreements. The Privy Councils decision in this case shed light on how judiciary viewed this issue during that period. In Radmachers 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 fianc. This means that whether the agreement is made before or after solemnization of marriage should not matter. An additional set up 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 necessity to consider the effects that pre-nuptial agreements leave alone have on marriage after this decision. The first significant effect is that, afte r 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 unsuitable in the past and certainty is welcomed. However, these