Radmacher V Granatino Prenuptial Agreements

Indeed, over the years, pre-marital “contracts” have become more and more daily and, as I accept, they are much more likely to be accepted by these courts as rules about what should happen between the parties when the future marriage ends. This is obviously subject to the discretion of the court and the application of a test of fairness/manifest injustice. Parliament may pass legislation, but until that happens, the current authority makes it clear that agreements are not enforceable per se, although they may be persuasive (or final) depending on the exact circumstances that lead to their completion. “The answer to this question should be on a case-by-case basis,” No. 81. . . .