Typically thought of as a necessity for Hollywood ‘A’ listers, pre-nuptial agreements are more common than you may think. Think about it: it’s much easier to be fair and rational about your respective assets when your relationship is sound; having an agreement in place saves so much stress and heartache should the worst happen and before emotion becomes a factor.
Following the landmark case of Radmacher v Granatino in 2010, the courts are beginning to place more importance on the mutual agreement of parties to regulate their own financial affairs – during, and following the breakdown of their marriage.
Pre-nuptial agreement are still not directly enforceable in English law. However, should such a written agreement be properly executed and all the parties properly advised, a pre-nuptial agreement can be a qualifying agreement and treated as a relevant factor in any subsequent claim for financial provision on the breakdown of the marriage.
For a qualifying agreement it is important to check:
The timing of the pre-nuptial agreement before the wedding
That the parties entered freely into the agreement without any sense of duress
That the agreement was actively negotiated without imposition
That the parties received legal advice on the terms of the agreement
That there was full and frank financial disclosure before the agreement was made
"The landmark case Radmacher v Granatino in 2010 saw the courts place more importance on the mutual agreement of parties to regulate their own financial affairs, during and following a breakdown of their marriage."
How do I start the process?
Rucklidge’s Family Law offer a free 30 minute consultation on all new family law matters. Get in touch now to arrange your free 30 minute consultation.