Post-nuptial agreements

MacLeod v MacLeod PC TLR 29 December

Although it is for the legislature rather than the courts to decide if the time has come for pre-nuptial agreements to be regarded as binding under English law, there are circumstances where agreements made after marriage, and which provide for a future separation, could be enforced by the courts in the same way and under the same principles as separation agreements, under ss34 to 36 of the Matrimonial Causes Act 1973.