Pre-marriage and Pre-civil Partnership Agreements

We are often asked to advise when clients have assets that they want to do their best to ensure they will keep in the unfortunate event of their marriage breaking down. This can include on second marriages, to protect inheritances and the situation which is more regularly arising where their parents have made a significant contribution to the assets and want to make sure that that contribution is safeguarded.

In these circumstances a written agreement can be drawn up which is often referred to as a “Pre Nup”. Whilst a Prenuptial Agreement cannot stop a spouse applying to the Court for financial provision from the other spouse the significance of the prenuptial agreement is a relevant circumstance of the case and will have a substantial impact on the Judge’s decision in many cases. The Supreme Court have said that the Court should give effect to such an agreement that is freely entered into with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement. We will advise you upon whether the terms are likely to be considered fair and can work with your fiancee’s solicitor collaboratively if there is a difference of opinion.

If you are considering a Prenuptial Agreement please make sure that you seek advice as soon as possible as the agreement is unlikely to be binding if it is signed less than one month before the wedding.