Pre Nuptial Agreements

Where a couple are contemplating marriage, they can choose to protect their assets in the future should they decide to separate at some later stage.

Historically, the Courts in England and Wales have not favoured Pre Nuptial Agreements but  there is now a growing acceptance of them in divorce proceedings.  A Court will not necessarily rely totally on the terms of a Pre Nuptial Agreement but will take it into account as part of the evidence when considering all the aspects involved to bring about a financial settlement on divorce.

Certain factors will ensure that the Court pays higher regard to the Pre Nuptial Agreement and these include:-

  • That the Agreement is entered into at least three months in advance of the marriage.
  • That both parties have obtained independent legal advice.
  • That there has been full and frank disclosure by both parties of all their income and assets before the Pre Nuptial Agreement is drafted.
  • The length of the marriage.

This is to ensure that the parties have entered into the Agreement freely with no duress.

The English Courts still prefer to see clauses in a Pre Nuptial Agreement that allows for the documents to be reviewed should certain events take place for example birth of a child or after a number of years.

A recent case has indicated that if the couple also have a Post Nuptial Agreement drawn up after the marriage then in any divorce, the Court will also take this into consideration.

Cohabitation Agreements

Where a couple are contemplating living together rather than marrying, as above they may still wish to enter into an agreement setting out what will happen to each of their assets should they separate in the future.

It is equally important for cohabiting partners to have such an agreement because it is possible for one partner to gain an interest in the other’s assets by certain actions and statements, without either of them being fully aware.  A Cohabitation Agreement will help to make clear what the situation should be if they were to separate and help avoid the stress, unpleasantness and possible costly legal action that might come about during the course of separation. 

For further information on any family law issue, please contact Robert Worthing by emailing Robert or by calling him on 08450 990045, or speak to your usual contact in the Family Team.