Matrimonial Causes Act 1973: Primary legislation governing financial provision in divorce, particularly sections 23-25. Section 25 outlines specific factors courts must consider when making financial settlement orders.
Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case establishing that courts should give effect to nuptial agreements if freely entered into, unless it would be unfair to hold parties to their agreement.
Family Law Act 1996: Legislation covering domestic arrangements and property rights between married couples.
Married Women's Property Act 1882: Historic legislation establishing rights regarding separate property ownership for married women, still relevant for property rights considerations.
Civil Procedure Rules: Rules governing procedural requirements for legal documents and court proceedings in England and Wales.
Full Financial Disclosure Requirement: Legal requirement that both parties must provide complete and honest disclosure of all financial assets and liabilities.
Independent Legal Advice Requirement: Each party must receive independent legal advice before signing the agreement to ensure they understand its implications.
Absence of Undue Pressure: Legal requirement that neither party should be under duress or undue influence when entering into the agreement.
Fairness Test: Legal principle requiring that the agreement must be fair and not prejudicial to either party, considering all circumstances.
Children's Interests Protection: Legal requirement that any agreement must not prejudice the interests of any children of the family.
