Pre-nuptial agreements are particularly relevant for couples entering into marriage or civil partnership later in life when assets and properties have been built up and where the couple wish to regulate the distribution of those assets in the event of the breakdown of the relationship.
The same principles apply to both pre-nuptial and post nuptial agreements. Whilst in the past, the courts have had concerns about pre-nuptial agreements as being contrary to public policy, the current position is that the court will give decisive weight to a pre-nuptial agreement or post nuptial agreement provided that:-
- The agreement is a fair one and makes provision both for the parties and for any children either already born or about to be born in the relationship with appropriate review clauses in the agreement to deal with changes in circumstances.
- The agreement is made a reasonable time before the marriage itself. It is unlikely that a pre-nuptial agreement would be upheld if it were made less than 21 days before the marriage because of the risk that one party may be under undue pressure to enter into the agreement and not have sufficient time to reflect upon the agreement before deciding whether or not to enter into it.
- Both parties take separate legal advice on the terms of the agreement from a suitable specialist Family Lawyer who has experience in Family Law generally, particularly in relation to financial matters and pre-nuptial agreements.
- There has been full and proper disclosure of both parties’ financial situation at the time of entering into the pre-nuptial agreement.
Our Pre/Post-nuptial Agreement Fees
We have solicitors who specialise in pre/post-nuptial agreements and we offer competitive hourly rates.
For more information please call our specialist Family Law Solicitors now on 0844 800 9860 for a free telephone consultation or contact us online.