Briefing Note Pre-Nuptial Agreements Worthless or Worthwhile?

English law, in relation to marital property agreements, is regarded as retrograde and paternalistic by failing to reflect today’s society and how couples wish to arrange their relationships and regulate their future affairs.

Historically these agreements were treated with suspicion: they were seen to undermine the institution of marriage, encourage divorce and therefore contrary to public policy and consequently unenforceable as contracts even if they met all the other circumstances for a validly binding contract.

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