Pre-nuptial agreements

Pre-nuptial agreements/ante nuptial agreements

"Pre-nups" have been in the news quite regularly recently.

In the past there has been no guarantee that an agreement entered into before marriage will be upheld.  Strictly such agreements have not been binding although if the circumstances in which the contents were negotiated were fair and the contents are reasonable there is a good chance that even if not completely upheld the agreement may be very persuasive. 

However in a decision on 2 July 2009 the Court of Appeal appears to have moved much closer to approval of the pre-nup. 

The Court has said that it should be a right of autonomous adults to order their future financial affairs by agreement.  As such, subject to the guiding principle of fairness, if the agreement has been entered into knowingly, willingly, following full and frank disclosure and with legal advice there is a very good chance that it will be upheld.  

The court has specifically suggested that pre-nups may be of value to "...mature couples, perhaps each contemplating a second marriage (who) wish to regulate the future enjoyment of their assets and perhaps to protect the interests of the children of the earlier marriage upon the dissolution of a second marriage."

 What is certain is that if there is no agreement even in existence it cannot be upheld so it may be best to explore the options.

If you are thinking about marriage, civil partnership or living together give us a call and we will be able to help you to make an informed choice whether an agreement is the best way forward for you.

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