Matrimonial Causes Act 1973: Primary legislation governing divorce and financial settlements in England and Wales. Essential framework for understanding how courts approach matrimonial disputes and financial division.
Family Law Act 1996: Provides framework for family law matters including domestic proceedings and property rights. Relevant for understanding how courts approach family law agreements.
Divorce, Dissolution and Separation Act 2020: Recent legislation updating divorce laws in England and Wales. Important for understanding the modern context of marriage dissolution.
Radmacher v Granatino [2010] UKSC 42: Landmark Supreme Court case establishing that courts should give effect to prenuptial agreements provided they are freely entered into and parties understand their implications.
MacLeod v MacLeod [2008] UKPC 64: Important case law establishing principles regarding post-nuptial agreements and their enforceability in UK law.
28-Day Rule: Procedural requirement that prenuptial agreements should be signed at least 28 days before marriage to avoid claims of duress or pressure.
Full Financial Disclosure Requirement: Legal requirement that both parties must provide complete and honest disclosure of their financial situations before entering into a prenuptial agreement.
Independent Legal Advice Requirement: Procedural requirement that both parties must receive independent legal advice before signing a prenuptial agreement for it to be considered valid.
Human Rights Act 1998: Relevant for privacy considerations in infidelity clauses and ensuring prenuptial terms don't violate fundamental rights.
Equality Act 2010: Must be considered to ensure prenuptial agreement terms don't result in unlawful discrimination against either party.
Enforceability Principle: Legal principle that prenuptial agreements are not automatically binding in England and Wales, but courts will give them appropriate weight if they meet fairness criteria.
Public Policy Considerations: Legal principle that infidelity clauses with financial penalties may be unenforceable as they could be contrary to public policy in England and Wales.
