A well-constructed pre-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.
The law now takes into consideration well-prepared pre-nuptial agreements. However, English law does not formally recognise pre-nuptial agreements in the way that some other countries do. In those countries, for example, a pre-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. Pre-nuptial agreements are not listed as one of these factors.
However in recent years, English Courts have given pre-nuptial agreements weight in a number of cases and treated them as being of significance. 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-nuptial agreements.