PRENUPTIAL AGREEMENTS IN THE BAHAMAS

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Prenuptial agreements are not enforceable in the Bahamas but courts might take them into account in determining the intention of the parties. In general, the Bahamas will likely follow the English approach, which now may give "decisive importance" to a prenuptial agreement. Prenuptial agreements are most often not enforceable in the Bahamas, but courts might take them into account in determining the intention of the parties. Bahamian courts will view a prenuptial agreement as a mere persuasive consideration, but this view has shifted following the anonymized judgment (M v. F) in 2011 by the Supreme Court that ruled that a) the parties had entered into the agreement freely, and b) that it would not be “unfair” to hold the parties to the agreement. In general, the Bahamas will follow the English approach, and the above case mirrored the 2010 English Supreme Court case of Radmacher v. Granatino, which established that courts “should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.” Hence, uncertainty remains as to whether a prenuptial agreement will be fully enforceable in the Bahamas, as a court there may intervene and alter terms under the guise of fairness.




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