Matrimonial Causes Act 1973: Primary legislation governing divorce in England and Wales, particularly Section 25 which outlines the factors courts consider when dividing assets in divorce. Provides the fundamental framework for financial provision in divorce proceedings.
Matrimonial and Family Proceedings Act 1984: Secondary legislation containing important provisions relating to financial relief in matrimonial matters and family proceedings.
Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case that established the principle that courts should give effect to prenuptial agreements if freely entered into, unless unfair. This case fundamentally changed how prenuptial agreements are treated in English courts.
Family Law Act 1996: Legislation providing the general framework for family law matters in England and Wales.
Human Rights Act 1998: Relevant for prenuptial agreements through Article 1 of Protocol 1 (protection of property) and Article 8 (right to respect for private and family life).
28-Day Rule: Best practice requirement that the prenuptial agreement should be signed at least 28 days before the marriage to avoid claims of duress or undue pressure.
Financial Disclosure Requirement: Legal requirement for both parties to provide full and frank financial disclosure before entering into the prenuptial agreement.
Independent Legal Advice: Requirement for both parties to receive independent legal advice before signing the agreement to ensure its enforceability.
