Pre and Post nuptial agreements back in the spotlight

The outcome of a recent divorce case has put pre and post-nuptial agreements back in the spotlight. Many lawyers were hoping that a decision would be taken to make pre-nuptial agreements enforceable in the UK, when the case of McLeod v McLeod reached the Privy Council. However, following her judgement, Baroness Hale commented that a decision about making pre-nuptial agreements valid lay with Parliament, as it was a legislative issue. Under current law, pre-nuptial agreements are deemed to be contrary to public policy, and therefore not binding as a contract. However, although they are not enforceable, such agreements remain a relevant factor in divorce proceedings, and can prove persuasive.

In her comments, the Baroness also found that post-nuptial agreements were a different matter, and did in fact constitute a legal contract. Post-nuptial agreements are not seen as being contrary to public policy, as married couples are free to make contractual financial arrangements governing their lives together.

If you’d like more information on pre or post-nuptial agreements, please contact James Haworth on 0116 212 1080.