Pre and Post-Nuptial Agreements

Pre-nuptial Agreements are drawn up before the marriage has taken place. Post-Nuptial Agreements are created after you get married and are often drawn up by couples who are thinking about separating or where one has come into a large inheritance and they wish to keep the money/assets separate from the matrimonial property.

We will take the time to listen to your objectives and draft an agreement bespoke to your requirements.

Nuptial Agreements are not in themselves legally enforceable. However, in Radmacher v Granatino [2010] UKSC 42, the Supreme Court considered the weight that should be given to a Nuptial Agreement. It concluded:

“The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement.”

When it comes to deciding fairness, the Court will consider:

• The housing and financial needs of the parties. This will involve assessing matters such as each spouses’ earning         potential, age, current standard of living, and family responsibilities.

• Whether one party should be awarded compensation for the role they played in the marriage, for example, if they           gave up a lucrative career to care for the home and family.

• Does the agreement allow for appropriate sharing of the marital property and assets? A distinction may be made             between property and assets acquired during the marriage and property and assets brought in by one party before         the marriage or through an inheritance.

If you believe your Nuptial Agreement is unfair, our family law Solicitors will create a strong argument that all or part of it should not be upheld.