MacLeod v MacLeod [2008] UKPC 64

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Judith Bray


PRE-NUPTIAL AGREEMENTS UNDER SCRUTINYTraditionally, pre-nuptial settlements have not been enforceable in English law. The scepticism of the courts has largely been based on public policy and a reluctance to allow the parties to a marriage to enter into any contract which purports to deprive the courts of its jurisdiction. There is also an underlying presumption that parties to a marriage do not intend their agreements to form legally binding contracts and finding adequate consideration may be difficult unless the agreement is incorporated in a deed.

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