Editing Prenuptial agreement (section)

===Europe===
{{Unreferenced section|date=November 2024}}
[[File:Jan Josef Horemans (II) - The Marriage Contract - 1768.jpg|thumb|190px|''The Marriage Contract'' by Flemish artist [[Jan Josef Horemans the Younger]] c. 1768]]
Prenuptial agreements have long been recognized as valid in several European countries, such as [[France]], [[Belgium]], the [[Netherlands]], [[Germany]], [[Poland]], [[Switzerland]], [[Sweden]], [[Denmark]], [[Norway]], and [[Finland]]. While in some of these countries, there are limits on what restrictions the courts will see as enforceable or valid (e.g. Germany after 2001, where appeals courts have indicated this) a written and properly initiated contract, freely agreed upon, cannot be challenged by, for instance, invoking the circumstances under which the marriage broke down or the conduct of either part. In France, The Netherlands and Belgium (as in [[Quebec]], which has the same judicial tradition) prenuptial agreements must be set up in the presence of a [[notaries|notary]].

In many of the countries mentioned, pre-nuptials may also protect the non-shared property and money from being pulled into bankruptcy and can serve to support lawsuits and settlements during the marriage (for instance if one part has sold or wrongfully mortgaged a piece of property that had been set aside by his/her partner).

====Ukraine====
Under provisions of Section 10 of the Family Code of Ukraine, marriage relationships, rights, and duties of spouses can be regulated by a marriage contract as well if spouses wish to settle their property relations in another manner than it is provided by the Family Code of Ukraine.

A marriage (prenuptial) contract can be concluded by a woman and a man, who applied for registration of their marriage as well as by spouses. An underaged person, who wants to conclude a marriage contract before registration of the marriage, is to have the signed consent of his/her parent or custodian certified by a notary.

Numerous provisions of this section of the Family Code of Ukraine provide quite extensive requirements regarding the form and contents of the marriage contract and the procedural issues of making the same are regulated by appropriate Instruction of the Ministry of Justice of Ukraine regarding the procedure of notarization of marriage contracts as well as far as notarization is required.

Imperative requirements regarding the content of the marriage contract are provided by clause 93 of the Family Code of Ukraine, which states that the marriage contract governs property relations between spouses, and determines their property rights and duties. A marriage contract can also determine the property rights and duties of spouses as parents but with certain limitations. Personal relations of spouses cannot be regulated by the marriage contract, as well as personal relations between spouses and their children. This rule is also provided by clause 93 of the Family Code of Ukraine. Marriage contracts, which reduce the rights of children and put one of the spouses in a poor material state, are not permitted by the above imperative regulation. Within the framework of the marriage contract, none of the spouses can acquire any immovable property or other property, which requires state registration.<ref>{{Cite web|url=http://ukrconsulting.biz/Law-Firm-Ukraine-Kharkov-English/Marriage-prenuptial-contract-in-Ukraine-Kharkov-Kharkiv.html|title=Marriage (prenuptial) contract in Ukraine|last=LLC.|first=UKRCONSULTING LAW FIRM|website=ukrconsulting.biz|language=ru-ru|access-date=2017-07-05|archive-date=2018-04-13|archive-url=https://web.archive.org/web/20180413043309/http://ukrconsulting.biz/Law-Firm-Ukraine-Kharkov-English/Marriage-prenuptial-contract-in-Ukraine-Kharkov-Kharkiv.html|url-status=dead}}</ref>

====United Kingdom====
A prenuptial agreement is distinct from the historic [[marriage settlement]] which was concerned not primarily with the effects of divorce but with the establishment and maintenance of dynastic families, or a [[divorce settlement]] entered into by parties in connection with dissolving their marriage.

=====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.

=====Scotland=====
In contrast to the rest of the United Kingdom, prenuptial agreements are generally regarded as being legally enforceable in [[Scotland]].<ref>{{cite web|url=https://www.citizensadvice.org.uk/scotland/family/living-together-marriage-and-civil-partnership-s/getting-married-s/|title=Getting Married|website=Citizens Advice Scotland|access-date=28 September 2023}}</ref>

=====Northern Ireland=====
The legal status of prenuptial agreements in [[Northern Ireland]] is similar to that in England and Wales, in that they are generally regarded as not being legally enforceable.<ref name=belfasttelegraph2017/> However, since the ruling in ''Radmacher v Granatino'', which also applied in Northern Ireland, the judiciary are more likely to hold parties to the terms of such agreements, unless doing so would be obviously unfair.<ref name=belfasttelegraph2017>{{cite news|last=Curran|first=Clare|url=https://www.belfasttelegraph.co.uk/business/be-aware-of-the-limits-to-a-pre-nup-accord/35447166.html|title=Be aware of the limits to a pre-nup accord|website=The Belfast Telegraph|date=14 February 2017|access-date=28 September 2023}}</ref>