Matrimonial Causes Act 1973: Primary legislation governing financial settlements in divorce. Section 25 specifically outlines the factors courts must consider when determining financial settlements between divorcing couples.
Law Reform (Marriage and Divorce) Act 1969: Legislation concerning the validity of marriage and associated financial matters, providing fundamental framework for marital agreements.
Matrimonial and Family Proceedings Act 1984: Contains provisions specifically related to financial relief in matrimonial cases, including jurisdiction and powers of the court.
Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case establishing that courts should give effect to prenuptial agreements if they are freely entered into, with full understanding of implications, unless it would be unfair.
Human Rights Act 1998: Relevant for Article 1 Protocol 1 (protection of property) and Article 8 (right to respect for private life), which must be considered in matrimonial agreements.
Family Procedure Rules 2010: Sets out the procedural requirements specific to family matters, including how financial agreements should be handled in court.
Civil Procedure Rules: General rules governing court procedures that may apply to the enforcement or challenge of marriage financial agreements.
Full Financial Disclosure Requirement: Legal requirement for both parties to provide complete and honest disclosure of all financial assets and liabilities before entering into the agreement.
Independent Legal Advice: Requirement for both parties to receive separate and independent legal advice before signing the agreement to ensure its validity.
Timing Requirements: Legal principle that the agreement should be signed well in advance of the wedding to avoid claims of duress or undue pressure.
