Pre-Nuptial Agreements

This information sheet should be read in conjunction with our information fact sheet on Financial Provision on Divorce. 

1.  What is a Pre-Nuptial Agreement?

It is an agreement made by parties who intend to marry that sets out the arrangements to be made in the event of their separation or divorce. The agreement will usually set out the arrangements for any children and the financial arrangements. It is not possible to oust the jurisdiction of the court in any way.

2.  Is it legally binding?

As it stands Pre-Nuptial Agreements are not binding on the parties or the court but are likely to be taken into consideration by a Judge when asked to divide a family’s assets. 

In recent case law considerable weight has been given to Pre-Nuptial Agreements. 

If should be noted that the likelihood of a Pre-Nuptial Agreement being binding will diminish the longer the marriage lasts and with the arrival of any children. 

3.  What will the Court take into account when considering the weight to be given to a Pre-Nuptial Agreement?

The Court will consider:

• If the agreement is fair and genuine
• If the parties took independent legal advice
• If the parties had a clear picture of their finances
• How long before the wedding the agreement was signed
• Whether either party was under pressure to sign
• If there have there been any significant changes since the agreement was signed for example the birth of children.

4.  Why do I need one?

A Pre-Nuptial agreement can help protect your interests in the event of the breakdown of your relationship.  It is recognised as something the Court should take into account.

They are particularly appropriate in the case of second marriages where parties wish to preserve the assets they brought into the relationship and any future inheritance of their children.

Pre-Nuptial Agreements are an emerging area of law and it is impossible to say whether they will become binding upon parties and the courts at any stage in the future.  However they have certainly been given more weight following recent case law.  If you have any questions or would like to draw up an agreement we have experienced lawyers who will be able to assist you.

RUGBY Lisa Warden Family Secretary Tel: (01788) 532926 Email: lisawarden@brethertons.co.uk	BANBURY Kate O’Brien Family Administrator Tel: (01295) 661 472 Email: kateobrien@brethertons.co.uk

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