Written agreements between the parties have long been held in English law as not being binding on the parties in the case of Court proceedings. However, recent case law has revealed that the Courts are now taking note of the contents of such agreement as "conduct" of the parties to the extent that agreements are confirmed in part if not in total.
It is therefore increasingly important that before and after the marriage a degree of certainty is brought into matters by such an agreement. What it important is that the Court will only take note of such an agreement if there has been full financial disclosure between the parties and they have taken separate and independent legal advice.
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