Open AccessMacLeod v MacLeod [2008] UKPC 64
Author(s) -
Judith Bray
Publication year - 2012
Publication title -
denning law journal
Language(s) - English
Resource type - Journals
eISSN - 2047-2765
pISSN - 0269-1922
DOI - 10.5750/dlj.v21i1.346
Subject(s) - deed , presumption , law , jurisdiction , political science , law and economics , business , economics
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.