There is a long standing principle that pre nuptial agreements are not binding in England & Wales.  However there has been a shift in the Courts attitude to pre nuptial agreements and in the case of  Radmacher v Granatino one Judge commented “the old rule that agreements providing for future separation are contrary to public policy is obsolete and should be swept away”.

In the judgment for this case the Judges commented on what factors would give greater weight to a pre nuptial agreement.  They are;

Has it been freely entered into by each party with a full appreciation of its implications?
There is no rule that full disclosure of financial information has taken place, nor that both parties received legal advice, but is there a material lack of disclosure, information or advice?
Duress, fraud or misrepresentation will negate the terms of the agreement.  Factors such as whether one party has exploited their dominant position