Matrimonial Causes Act 1973: Primary legislation governing divorce in England and Wales, particularly Section 25 which outlines the factors courts must consider when making financial orders during divorce proceedings
Law Reform (Miscellaneous Provisions) Act 1970: Legislation containing provisions regarding void marriages and their legal implications
Civil Partnership Act 2004: Legislation that may be relevant if the agreement involves civil partners rather than married couples
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 by parties, and not unfair to enforce in the circumstances
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 prenuptial agreement
Independent Legal Advice: Requirement for both parties to receive separate and independent legal counsel before signing the agreement to ensure understanding and fairness
Timing Requirement: Best practice requirement that the agreement should be signed well in advance of the wedding (typically at least 28 days) to avoid claims of duress or pressure
Fairness Principle: Legal principle requiring the agreement to be fair and reasonable at both the time of creation and enforcement, considering all circumstances
Child Provision Consideration: Legal requirement that any prenuptial agreement cannot prejudice the rights and welfare of any children of the marriage
Future Circumstances Clause: Requirement to consider and include provisions for potential future changes in circumstances such as birth of children, serious illness, or significant career changes
