Pre-Marital Agreements

Whilst traditionally pre-nuptial or pre-marital agreements were related to high-net-worth individuals or people living in the USA, they are becoming more and more popular within England and Wales as well. However, it is important to know that while these agreements can be enforced upon the breakdown of the relationship by the Courts, they are not legally bound to do so.

The landmark case of Radmacher v Granatino in 2010 showed that significant weight and relevance can be given to any pre-marital agreement when making judgements regarding a couple’s finances, but it also set out certain criteria that must be met for these to be enforced. The judgement in the case made it clear that it is essential that these pre-marital agreements have been drafted by a legal professional and that all parties to any pre-nuptial agreement have received legal advice regarding the document before signing it. The Court will also review any pre-marital agreement to ensure that it is not unfair to either party before allowing it to dictate or influence the division of matrimonial or partnership assets.

Pre-marital agreements also must have been signed more than 21 days before the wedding and be considered reasonable. Should there be any evidence that either party was pressured into signing the agreement then it can be declared void by the court. In addition, if either party is found to have been concealing any assets and hasn’t given full financial disclosure, then it would invalidate any pre-marital agreement.

Our team are experienced at drafting and advising on all aspects on pre-marital agreements from the largest to the smallest amounts of assets involved and we are more than happy to help you to feel comfortable and that your assets are protected should the unfortunate event of the breakdown of your relationship occur.