Reply To: Inheritance

    Mark Keenan

    In the United Kingdom, prenuptial agreements are not legally binding in the way they are in some other jurisdictions, but they are given considerable weight by the courts following the landmark Supreme Court case Radmacher v Granatino (2010).

    This case established that, provided certain conditions are met, prenuptial agreements should be upheld.

    A prenuptial agreement can include provisions for future inheritance. Couples may choose to include clauses that address how an inheritance received by one party during the marriage should be treated in the event of a divorce. The intent is to protect the inheritance as separate property, rather than having it considered part of the marital assets.