| 释义 |
prenuptial agreement
(antenuptial agreement) An agreement entered into before marriage, usually to limit the claims one spouse can make on divorce from the other. These agreements are not binding in the UK, but may be taken into account by the court in determining how to distribute assets and income on divorce or judicial separation. Traditionally prenuptial agreements carried very little weight with the courts because they were deemed to be against public policy; however, recent cases, in particular the Supreme Court decision in Radmacher v Granatino [2010] UKSC 42, WLR (D) 260 have indicated a change of attitude. The courts will now give effect to a properly drawn up agreement that is freely entered into and where each party has received legal advice and has a full appreciation of its implications—unless in the circumstances prevailing it would be unfair to do so. An agreement that failed to meet the needs of either party or that failed to compensate them for their losses would be considered unfair, as would an agreement that prejudiced the reasonable requirements of any child of the family. Additional cases: (M v M (Prenuptial Agreement) [2002] 1 FLR 654; K v K (Ancillary Relief: Prenuptial Agreement) [2003] 1 FLR 120; Crossley v Crossley [2007] EWCA Civ 1491, [2008] 1 FLR 1467). |