Prenuptial Agreements

Prenuptial agreements can provide a measure of certainty and the means to protect pre marriage assets, inheritance and existing family commitments such as children from a previous marriage. A prenuptial agreement is a written formal agreement entered into by the couple before they get married that sets out what they have agreed will happen to their assets in the event of a future divorce. Any couple who are contemplating marriage or entering into a civil partnership can enter into a prenuptial agreement.

Whilst it is better to agree arrangements before the marriage takes place, it is possible to enter into similar agreements once a marriage has occurred. These are known as post nuptial agreements.

Generally speaking you should sign the prenuptial agreement some weeks before the date of the actual wedding or civil ceremony.   If you rush into a prenuptial agreement UK courts tend to be open to an argument that one party was under a degree of duress and this can mean that the prenuptial agreement will not be enforced by a UK court. Many divorced people wish they had made their partner sign a prenuptial agreement prior to marriage. However, there are various reasons why people do not agree to sign a prenuptial agreement. Many people think it is unromantic.

Whilst prenuptial agreements are not legally binding in England and Wales, the case of Radmacher v Granitino 2010 confirmed that the Supreme Court will give weight to the existence of a prenuptial agreement when deciding what Financial Orders to make on divorce provided that it is entered into freely and it is not unfair to one party.

If you need help with any family matter, please get in touch with a member of our Family Team.