prenuptial agreement

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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 have indicated that in some circumstances they might be influential, particularly where the agreement was properly drawn up after appropriate disclosure and signed after legal advice (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).

Subjects: Law.

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