A Pre-Nuptial Agreement is an agreement that shows what happens to the couple’s money and property should the marriage or civil partnership come to an end. The agreement is entered into by the couple before the marriage or civil partnership ceremony. Couples can still enter into an agreement after the marriage or civil partnership too; these agreements are called Post-Nuptial Agreements.

The legal rules about Pre-Nuptial Agreements are derived from divorce laws as well as a landmark case of Radmacher v Granatino, which stated that; ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.’

Some couples prefer to enter into Pre-Nuptial Agreements to protect their assets owned prior to the marriage, including inheritance and family trusts. One side of the couple may have substantially more capital and/or income than the other. Either or both sides of the couple may own property outside of England and Wales and there are many other reasons why people wish to enter into these agreements however the purpose is to protect their finances should the marriage or civil partnership come to an end.

In England and Wales, these agreements are not legally binding however the terms of the agreement may be decisive in determining the division of assets in the event of a breakdown in the marriage/civil partnership unless it is deemed that the agreement is unfair.

To avoid an agreement being deemed as unfair, the following will be taken into consideration by the Court;
1. Did either party seek independent legal advice before entering into the agreement;
2. Did full financial disclosure take place before the parties entered into the agreement giving either party sufficient information on the other’s financial position to make an informed decision about entering into the agreement and understanding the implications of the the agreement;
3. Is the agreement essentially fair? Does it meet each parties basic needs in the event of a divorce;
4. Was there any undue pressure on either party to enter into the agreement;
5. Was there any fraud or misrepresentation by either party in relation to the agreement;
6. Does the agreement expressly state that both parties are agreeable to enter into legal relations in respect of the contents of the agreement, and is the agreement executed as a deed and witnessed by an independent third party?

We can discuss with you the areas that need to be covered within a Pre-Nuptial Agreement, including any children matters that will need to be specified and the potential effect of international elements upon your proposed agreement.

If you are uncertain, we would be more than happy to run you through the advantages and disadvantages of entering into a Pre-Nuptial Agreement too.

Please feel free to contact us via email on info@boselegal.co.uk or via telephone on 07539 744144.