Pre and post-nuptial agreements

A well-constructed nuptial agreement drafted by one of our family lawyers allows couples a degree of self-regulation in their financial affairs and can be viewed as a form of insurance against costly litigation.

English law does not formally recognise these agreements in the way that some other countries do. In those countries, for example, a nuptial agreement will always be upheld by the courts in the case of a divorce of a marriage. English law operates what is often called a discretionary system of asset distribution on divorce and the courts have to consider a large number of factors when deciding how to reorder or redistribute a couple's assets. Nuptial agreements are not listed as one of these factors.

However in recent years, English Courts have given nuptial agreements weight in a number of cases and treated them as being of significance. Nuptial agreements are now more commonly being taken into consideration by the court when deciding how assets are to be divided provided they have been properly drafted and freely entered into with a full appreciation of its effect and implications. The signs are that this is going to be increasingly the position.

Call us on 01843 234000 or email us to discuss any questions that you may have about pre or post-nuptial agreements.