Regulating Prenuptial Agreements: Balancing Autonomy and Protection

Abstract

This thesis looks at potential future reforms for the law in relation to pre-nuptial agreements in England and Wales. Following the Supreme Court decision in Radmacher v Granatino the idea that prenuptial agreements are contrary to public policy has been well and truly discarded. With such agreements now afforded far greater recognition by the Courts, this piece looks at some potential future avenues for reform, drawing comparisons with the way the law has developed in Australia.