Editing Prenuptial agreement (section)

=====England and Wales=====
Prenuptial agreements historically had not been considered legally enforceable in [[England and Wales]] due to a reluctance on the part of the judiciary for public policy reasons.

The 2010 Supreme Court test case of ''Radmacher v Granatino'', overturned the previous legal framework on them to recognise changing societal and judicial views on the personal autonomy of married partners.<ref>{{cite news| url=https://www.theguardian.com/money/2010/oct/20/prenuptial-agreement-enforced-uk-law | location=London | work=The Guardian | first=Owen | last=Bowcott | title=Prenup agreement enforced under UK law | date=20 October 2010}}</ref><ref>{{cite news |last1=Croft |first1=Jane |title=UK court upholds prenuptial deal for heiress |url=https://www.ft.com/content/b0624326-dc2a-11df-a9a4-00144feabdc0 |archive-url=https://ghostarchive.org/archive/20221210/https://www.ft.com/content/b0624326-dc2a-11df-a9a4-00144feabdc0 |archive-date=2022-12-10 |url-access=subscription |url-status=live |access-date=9 April 2019 |agency=Financial Times |date=6 November 2010}}</ref> Pre-nuptial agreements can now be enforced by the courts as part of their discretion in financial settlement cases under section 25 of the [[Matrimonial Causes Act 1973]] so long as the three-stage ''Radmacher'' test is met and it is considered fair to do so, keeping in mind the interests of any child of the family. ''Radmacher'' holds that the courts will give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing, it would not be fair to hold the parties to their agreement. The case provided substantial amounts of guidance relevant to all nuptial agreement cases that have occurred since 2010.<ref>{{cite news| url=https://www.bbc.co.uk/news/uk-11580907 | work=BBC News | title=Supreme Court rules in favour of pre-nuptial agreement | date=20 October 2010}}</ref>

The [[Law Commission (England and Wales)|Law Commission]]'s 2014 report on Matrimonial Property generally accepted the decision in ''Radmacher'' and recommended the creation of a 'qualifying nuptial agreement' regime by Parliament which would create a completely binding pre-nuptial agreement so long as certain requirements were met.<ref>{{cite web|url=https://assets.publishing.service.gov.uk/media/5a7cdd23ed915d71e1e4e19b/HC_1089_Web_only.pdf|title=Matrimonial Property, Needs and Agreements|publisher=Law Commission|website=gov.uk|format=PDF|date=26 February 2014|access-date=28 September 2023}}</ref> The Commission's recommendations have yet to be implemented.