Pre-nups

Pre-marriage and Pre-civil Partnership Agreements

We are often asked to advise clients who are entering into a marriage. There may be assets that one party in relationship would like to keep in the unfortunate event of their marriage breaking down.

This can be where they are entering into a second marriage, to protect inheritances and the situation which is more regularly arising where their parents have made a significant contribution to the assets and want to make sure that that contribution is safeguarded.

If you are considering a Prenuptial Agreement please make sure that you seek advice as soon as possible as the agreement is unlikely to be binding if it is signed less than one month before the wedding.

In these circumstances a written agreement known as a Prenuptial Agreement can be drawn up, often referred to as a “Pre Nup”. Whilst a Prenuptial Agreement cannot stop a spouse applying to the Court for financial provision from the other spouse it does offer some protection. The Prenuptial Agreement will be viewed as a relevant circumstance of the case and will have a substantial impact on the Judge’s decision in many cases.

The Supreme Court have said that the Court should give effect to an agreement such as a Prenuptial Agreement provided that it is freely entered into with a full appreciation of its implications. This is provided that the Court do not view that the circumstances at the point that the Agreement is to be enforced are not such that it would not be fair to hold the parties to their agreement.

Our experienced family solicitors will advise you upon whether any proposed terms are likely to be considered fair and can work with your fiancée’s solicitor collaboratively if there is a difference of opinion.

If you are considering a Prenuptial Agreement please make sure that you seek advice as soon as possible as the agreement is unlikely to be binding if it is signed less than one month before the wedding.

For further information or to discuss how we can help you please contact us.