Pre-nuptial agreements

Pre-nuptial agreements

A pre-nuptial agreement (sometimes called a pre-marital agreement or prenup) is a written contract entered into before a marriage, setting out what should happen to assets and children if the marriage were to break down.

For most couples who are about to marry talking about separation is usually the last thing on their minds. However, if one of you is bringing substantial assets or income into the partnership, entering into a pre-nuptial agreement is often thought to be a wise move.

We can advise you about the scope of an agreement and draw up all of the paperwork for you.

Are pre-nuptial agreements enforceable?

Following the recent Supreme Court decision in the case of Radmacher a court should give effect to a pre-nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in all of the circumstances it would not be fair to hold the parties to the agreement, especially where this may relate to needs of any children. In other words, on divorce the court can still override the agreement in order to ensure that there is fairness between you.

To read an update on prenups on our news page, please click here.

Family Law Specialist

Clair Wygladala
clair.wygladala@simpsonmillar.co.uk

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