Pre and Post Nuptial Agreements

There are many reasons why a couple may choose to enter into a Prenup/Postnup Agreement. These include: 

• The protection of inherited wealth or generational wealth that is designed to be passed down to descendants ; 

• The protection of business interests/property held prior to the marriage; 

• The protection of interests/property arising under a trust;  

• The protection of one party from debts or potential liabilities incurred prior to the marriage or associated with a business; or 

• The securing, for the economically weaker party, of their reasonable future financial needs . 

We are aware that the impetus for an agreement may also come from wider family members who may need to be involved in discussions.  Given the broad discretion of English Courts when dealing with the division of assets upon divorce, a Prenup/Postnup can provide for certainty of outcome and potentially avoid the incurring of significant legal costs in the event of contested proceedings. 

• Clarity and Transparency –Having a Prenup or Postnup encourages open discussions about finances before marriage, helping both parties to understand each other’s expectations.  It can be beneficial in clearly establishing from the outset how a couple intend to organise their financial affairs. 

• Protection of Assets –A Prenup or Postnup will help to safeguard pre-marital wealth, business interests, and family inheritances.  They may also be relevant to those who are marrying later in life to protect assets received under an earlier settlement. 

• Minimising Conflict – In the event of separation, having a Prenup/Postnup, reduces the likelihood of disputes in the event of separation, potentially saving significant legal costs and is likely to lead to a swifter resolution of financial matters. 

• Tailored to Individual Circumstances – Each Prenup/Postnup is bespoke, enabling the parties to create an agreement that fits their particular circumstances and ensuring that both parties’ needs are met. 

• Autonomy – the creation of a Prenup allows the parties to formulate their own division of assets rather than being subject to the discretion of the court (provided always that the agreement is fair.) 

Strictly speaking, pre-nuptial agreements are not legally enforceable. However, since the Supreme Court ruling in the 2010 case of Radmacher v Granatino, provided that an agreement has been properly formulated and is fair then it is likely to be given decisive weight by the court.

An English pre-nuptial agreement can deal with all assets worldwide but there will be special considerations that need to be taken into account if foreign jurisdictions are involved.  It may be necessary to enter into a mirror agreement in another jurisdiction and we can assist you with obtaining advice in the foreign country.

• Be entered into voluntarily, without pressure or undue influence. 

• Involve full and frank financial disclosure from both parties. 

• Be fair and reasonable, ensuring neither party is left in financial hardship. 

• Be signed in advance of the wedding. 

• Be properly documented, ideally with each party receiving independent legal advice. 

• Be executed as a Deed. 

We frequently act for international clients.  Where the parties or one party has a significant connection to one or more other jurisdictions, or you anticipate living or working overseas then it may be necessary for us to instruct lawyers in another jurisdiction to formulate a mirror agreement.