Pre-Nuptial Agreements

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.

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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.

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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.

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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."