It has long been a recognized law in The Bahamas that nuptials whether anti or post are not considered binding in the Supreme Court of the Commonwealth of The Bahamas.
The Bahamian legislation which governs the principles to be applied in matrimonial proceedings are set out under the Matrimonial Causes Act which mirrors the English Matrimonial legislation in the United Kingdom (UK). It is from our mother land (UK) which the notion that prenuptial anti-nuptial or post-nuptial agreement providing for future separation are contrary to public policy and should be swept away because ”they undermine the concept of marriage as life long union.” For years this has been the approach in The Supreme Court of The Bahamas should parties enter into agreements seeking the Courts decision on issues regarding the distribution of marital assets the agreement would not be considered under the present authorities held in the UK. More…