Matrimonial Causes Act 1973: Primary legislation governing divorce and financial orders in England and Wales. Section 25 is particularly relevant as it outlines the factors courts consider when making financial orders in divorce proceedings.
Radmacher v Granatino [2010] UKSC 42: Supreme Court landmark case establishing that courts should give effect to nuptial agreements if freely entered into, unless it would be unfair to do so. This case fundamentally changed how prenuptial and postnuptial agreements are viewed in English law.
MacLeod v MacLeod [2008] UKPC 64: Privy Council case specifically addressing post-nuptial agreements, providing key guidance on their enforceability and treatment in English law.
Marriage Act 1949: Legislation establishing the requirements for valid marriages in England and Wales, which forms the foundation for any matrimonial agreement.
Civil Partnership Act 2004: Legislation governing civil partnerships, which may be relevant if the agreement needs to address conversion between marriage and civil partnership.
Human Rights Act 1998: Relevant for Article 1 Protocol 1 (protection of property) and Article 8 (right to respect for private and family life), which must be considered in matrimonial agreements.
Matrimonial and Family Proceedings Act 1984: Legislation concerning financial relief after foreign divorce, important for international aspects of postnuptial agreements.
Full and Frank Financial Disclosure: Legal requirement that both parties must provide complete and honest disclosure of all financial assets and liabilities before entering into the agreement.
Independent Legal Advice: Requirement that both parties must receive separate and independent legal advice before signing the agreement to ensure its enforceability.
Children's Interest Protection: Legal requirement to ensure any postnuptial agreement adequately provides for and protects the interests of any children of the family.
