Prenuptial Agreements

These agreements are not binding under English Law although the courts are now starting to recognise these agreements. They can often provide certainty and the means of protecting pre-marriage assets, inheritance, and existing family commitments, typically children from a previous relationship.

The courts are increasingly recognising these agreements and attaching weight to them where the terms are regarded as reasonable.

What happens to assets once you are married?

All property, income and assets purchased together or acquired individually become matrimonial assets. Unless they are specifically protected the couples' assets are effectively thrown together into one single financial pot.

What will a Pre-Nuptial Agreement do?

The primary purpose of a Pre-Nuptial agreement is to limit the potential claims on the wealth of one of the parties to the marriage.

If I want an Agreement what must I do?

• Both parties to the prospective marriage need to seek independent advice and understand the nature of the Agreement.
• There can be no undue pressure by one prospective party to the marriage to get the other party to sign the Agreement.
• There needs to be full and frank disclosure of each of the parties to the other and to their legal representatives.
• The Agreement needs to be drawn up prior to the marriage and should not be last minute. It is imperative that you consult legal representatives at least two months prior to your wedding day.

Finally, it is important to remember that Pre-Nuptial Agreements will not take away the discretionary powers of the court to decide what is fair, but if the agreement is well drafted it will be seriously considered by the court in making its decision.