Marital and civil partnership agreements—disclosure
Marital and civil partnership agreements—disclosure

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Marital and civil partnership agreements—disclosure
  • Principles
  • Practice points
  • Drafting considerations

In Radmacher (formerly Granatino) v Granatino, Lord Phillips summarised (at para [69]) the position regarding disclosure by the parties prior to entering into a marital or civil partnership agreement, and the factors that will be considered as to whether a party had ‘a full appreciation’ of the implications of the agreement, as being that:

‘Sound legal advice is obviously desirable, for this will ensure that a party understands the implications of the agreement, and full disclosure of any assets owned by the other party may be necessary to ensure this.’

but further that:

‘…if it is clear that a party is fully aware of the implications of an ante-nuptial agreement and indifferent to detailed particulars of the other party's assets, there is no need to accord the agreement reduced weight because he or she is unaware of those particulars. What is important is that each party should have all the information that is material to his or her decision, and that each party should intend that the agreement should govern the financial consequences of the marriage coming to an end.’

See also Practice Note: Marital and civil partnership agreements—independent legal advice.

The Law Commission recommended in its report on matrimonial property, needs and agreements that when entering into a qualifying nuptial agreement both parties must have received, at the time of the making of the agreement,