Rightly or wrongly there is now a presumption that the court will give Essay

Rightly or wrongly in that location is now a presumption that the court willing give ready to a nuptial agreement - Essay Examplement of maintenance, both for the adults and for any children.4 With divorces becoming more common, pre-nup agreements are now considered as important, where the couple decides (prior marriage) on how they wish to divide their assets, once they annul their partnership or divorce. Even though pre-nups are legally enforceable in more countries worldwide, in UK they are not legally binding on the courts. This article examines the present legal scenario in UK related to pre-nuptial agreements or pre-nups (more commonly referred to as ante-nuptial agreements in UK legal terms), in the context of the Radmacher v Granatino case. It explores to find out whether it is really true that under the present legal scenario, the court will give effect to a nuptial agreement (before or after marriage) freely raiseed and understood, provided it is not unfair in the prev ailing quite a little. It is no longer just one of the circumstances of the case.5 The basis of this consideration arises from the f subprogram that previously pre and post-nups were treated under UK legal system with little regard and a great deal of suspicion. In recent convictions, many high-profile divorce/annulment of partnership cases have seen outcomes where ancillary relief (application for financial support) has been arbitrated/affected by pre-nup or post-nup agreements made in England.6 In the appeal Radmacher v Granatino,7 the judgement passed in March 2010 by UK Supreme Court was significant within UK legal systems, as here it was for the first time that a pre-nup agreement signed in Germany (prior to a marriage in England) was accepted and held binding by the UK Supreme Court. Discussion Background to marriage decay legal scenario in UK Marriageunder UK family law is generally viewed as a contract,8 and to obtain validity for this contract the concerned parties would have to be uncorrelated within the specified prohibited ambit, must be more than 16 years of age, and the contract must be between a male and female who are not already married.9 Ifany one of these points of capacity was absent then the contract was nullified, under various sections of theMatrimonial Causes Act 1973 and the Marriage act 1949.10 Besides these points of capacity, other formalities necessary to make a marriage valid, included, that the occasion be venerated, accredited, and registered. Furthermore, the partners must possessadequate mental capacity to enter into the marriage contract, both, consciously and willingly.11 Under UK legal system, there are two processes to dissolve a marriage contract. If in a marriage there is a defect (within the realms of the aforementioned points), it is marked as voidable.Here the partners can apply for a decree of nullity under the Matrimonial Causes