PROPERTY - Post-nuptial agreements declared binding
The House of Lords judges, in the case of MacLeod v MacLeod, have decided to make a very clear distinction between certain types of agreements which seek to determine who gets what if a separation occurs at some point in the future.
The law is now clear. If the agreement was signed after the date of the marriage it is binding. If the agreement was signed before the marriage its existence is just one of a long list of factors that the court takes into account before deciding who should get which assets.
Contact Richard Crallan to find out more.