Q&As

Where the parties executed a declaration of trust when engaged to be married, could this be considered to be a valid pre-nuptial agreement with the effect of designating assets as non-matrimonial property?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 02/10/2019

The following Family Q&A produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where the parties executed a declaration of trust when engaged to be married, could this be considered to be a valid pre-nuptial agreement with the effect of designating assets as non-matrimonial property?

Where the parties executed a declaration of trust when engaged to be married, could this be considered to be a valid pre-nuptial agreement with the effect of designating assets as non-matrimonial property?

Pre-nuptial agreements, while persuasive, are not binding on the court and the current position is as set out in Radmacher (formerly Granatino) v Granatino.

While not binding, the court will often place a significant amount of weight on a pre-nuptial agreement. The court will consider a number of factors when deciding whether to uphold a pre-nuptial agreement, including whether both parties took legal advice, but will often respect the decision made by the parties at least to some extent when considering financial settlement. See Practice Notes: Implications of pre-nuptial

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