Pre-nuptial (before marriage) and post-nuptial (after marriage) agreements can be used to set out the rights and obligations over property and finance if a couple’s marriage or civil partnership is dissolved. It is worth drawing-up a nuptial agreement if:
These types of agreements are not recognised in statute in England and Wales. However, Courts are more likely to endorse the agreement when:
The courts have wide discretion in deciding what financial orders to make on divorce. Although nuptial agreements are not recognised in statute, recent cases notably the famous case of Radmacher v Granatino have shown that the court will tend to accept the terms of a nuptial agreement to be legally binding if it complies with the above conditions.
Timing A pre-nuptial agreement needs to be considered several months before the wedding. If it is left until the last minute there is a risk that the court will reject the terms, in case either party was hurried into signing. A post-nuptial agreement does not suffer the same problems but there is no guarantee that either party will agree to sign it after the marriageFuture events In drawing-up a pre/post-nuptial agreement, consideration must be given to future events that may occur. If one partner is likely to earn significantly more than the other or there are plans for one partner to work part-time or give up work entirely, it is important that the agreement allows for a fair and reasonable distribution of assets otherwise it may be overturned by the court.
Children Pre/post-nuptial agreements should also allow for the needs of any children. If a couple has children now or in the future, or adopts them, and the agreement does not outline what financial arrangements should be made for those children if the couple separate, then the agreement is likely to be unacceptable to the court.
Review It should always be considered whether the agreement should be reviewed at a future date or if there is a major change in circumstances. A review clause can be built into the agreement.
It really is essential to get specialist advice from a lawyer to stand the best chance of success. We can help you plan and execute the agreement and support you throughout the process.
With offices in Leicester and Market Harborough you can arrange an initial appointment to discuss drawing up a pre/post-nuptial agreement.
Call 0116 212 1000 for our Leicester Office or 01858 445 480 for our Market Harborough Office. Whichever office you call, someone will be available to assist you.
If you do need to talk through your personal relationship circumstances with someone who’s completely independent and unbiased, please do talk to us. We’re here to help and advise you and help you through the personal problems you face. You can rely on our experience, expertise and emotional support to put you on the right course of action, a path that’s totally right for your situation.
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The Office for National Statistics published a review in 2017 which revealed that the number of unmarried couples living together has more than doubled from 1.5 million in 1996 to 3.3 million in 2017. This makes households of cohabiting couples the second largest family type in the UK, and the fastest growing. If this applies to you, it is important to know exactly what legal rights and entitlements you have.
