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07 August 2015 / Margaret Hatwood
Issue: 7664 / Categories: Features , Family
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Paper, scissors, stone

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Marry in haste (sign a post-nup) & repent at leisure, says Margaret Hatwood

The recent case of Hopkins v Hopkins [2015] EWHC 812 (Fam), [2015] All ER (D) 85 (Apr) underlines the importance of not signing a pre- or post-nuptial agreement unless you are sure that you wish to be bound by its terms.

Pre-nuptial or post-nuptial agreements (NAs) in England and Wales are not automatically binding, however, there has been movement over recent years for the courts in determining financial issues between divorcing couples to hold the couple bound by NAs subject to certain safeguards. Chief of which are a full and frank financial disclosure at the time the agreement is signed, independent good quality legal advice, lack of duress or improper pressure. Indeed since the case of Radmacher v Granatino [2010] UKSC 42, [2011] 1 All ER 373 nuptial agreements have been upheld if it would not be unfair to do so.

Radmacher: a summary of the findings

The Supreme Court in Radmacher said: “If a…nuptial agreement…is to carry full weight both

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