Pre-Nuptial Agreements Marriage Contract

The 2010 Supreme Court`s Radmacher vs. Granatino case overturned the existing legal framework for them to recognize changes in social and legal views on the personal autonomy of married persons. [15] [16] Marriage contracts can now be applied by the courts, at their discretion, in comparative financial matters, pursuant to section 25 of the Matrimonial Causes Act 1973, as long as the three-stage cycling test is passed and it is deemed fair to do so taking into account the interests of a child in the family. Radmacher is of the view that the courts will implement a marriage contract freely entered into by each party and with full appreciation of its effects, unless it is not fair, in the prevailing circumstances, to maintain the parties` consent. The case has provided important relevant guidelines for all marriage contract cases since 2010. They then design either a memo of agreement or a pre-marital agreement and have it verified by their respective lawyers.