Matrimonial Causes Act 1973: Primary legislation governing divorce and financial settlements in England and Wales. Section 25 is particularly relevant as it sets out the factors courts must consider when dividing matrimonial assets.
Law Reform (Miscellaneous Provisions) Act 1970: Legislation concerning rights of cohabitants and property ownership, providing important context for pre-marital property arrangements.
Civil Partnership Act 2004: While primarily focused on civil partnerships, this Act contains relevant principles that can be applied to prenuptial agreements.
Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case establishing that courts should give effect to prenuptial agreements if freely entered into, fully understood, and not unfair. This case fundamentally changed the approach to prenuptial agreements in England and Wales.
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 prenuptial agreements.
Family Law Act 1996: Contains provisions regarding matrimonial home rights which must be considered in prenuptial agreements.
Married Women's Property Act 1882: Historical legislation providing context for separate property rights in marriage, still relevant for understanding the basis of property rights in prenuptial agreements.
28-Day Rule: Best practice requirement that the agreement should be signed at least 28 days before the marriage to avoid claims of duress or undue pressure.
Financial Disclosure Requirement: Mandatory requirement for both parties to provide full and frank financial disclosure before entering into the agreement.
Independent Legal Advice: Required safeguard where both parties must receive independent legal advice on the terms and implications of the agreement.
