Are Nuptial Agreements Binding on The Court?

Currently, nuptial agreements are not binding on the Court, although they will be given substantial weight as long as they satisfy the criteria specified above. However, the Divorce (Financial Provision) Bill, a private member’s bill introduced in the House of Lords in Spring 2018, seeks to establish a legislative framework for nuptial agreements which will make them binding upon the court. The bill does not currently enjoy government support so it is unlikely to become law, but there is undoubtedly a clamour for greater certainty in financial cases, and there is a clear momentum towards making nuptial agreements irrevocable.

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