Are Post-Nuptial Agreements Legally Binding?
The Post-Nuptial Agreement is a relatively new concept in the UK. Although they are not automatically enforceable in the UK, the Supreme Court has given recognition to postnuptial agreements and the Law Commission has recommended new legislation. In many cases they now influence the outcome of divorce settlements and can offer a good deal of protection.
In the case of MacLeod v MacLeod in 2008, the court held that if both parties, entering into a post-nuptial agreement, have obtained independent legal advice and have given full financial disclosure, the mere fact that the agreement is not what a court would have ordered, is not enough to set the agreement aside. This means that post-nuptial agreements, when properly executed, can be legally binding. However, the Supreme Court in Radmacher (Pre-nuptial agreement) clarified the situation even further and whilst the courts will infer that parties entering post-nuptial agreements intend them to be binding, the court will still refuse to uphold the agreements, if the particular circumstances make it unfair to do so.