international family law
Prenuptial agreements are not automatically enforceable in The Bahamas. However, Bahamian courts do consider them as evidence of the parties’ intentions. Generally, The Bahamas aligns with the English legal approach, which gives “decisive importance” to such agreements, provided their terms are not deemed “unfair.”
Historically, Bahamian courts viewed prenuptial agreements as merely persuasive rather than binding. This perspective began to shift after the anonymized 2011 Supreme Court case M v. F, where the court upheld a prenuptial agreement on the grounds that:
a) both parties had entered into the agreement voluntarily, and
b) Enforcing the agreement would not be “unfair.”
Bahamian courts generally follow the precedent set by the 2010 English Supreme Court case Radmacher v. Granatino. This case established that courts should uphold a nuptial agreement freely entered into by both parties, so long as each fully understands its implications, unless enforcing it would be unfair under the given circumstances. As a result, there is still some legal uncertainty in The Bahamas regarding whether a specific prenuptial agreement will be fully upheld, since the court retains discretion to amend its terms in the interest of fairness.
Our office has experience handling prenuptial agreements involving both the U.S. and The Bahamas. In every case, we collaborate with local counsel in all relevant jurisdictions to ensure that the agreement meets legal standards and protects our clients’ interests.
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