Pre Nuptial Agreements

Since the outcome of Radmacher, Pre Nuptial Agreements are becoming increasingly popular.
The purpose of such Agreements is to protect as far as possible a party’s assets upon divorce. Whilst not recognised in their own right by the Courts yet, as long as the Agreements fulfil certain criteria, they will be taken into consideration by the Courts.

 

The criteria Pre Nuptial Agreements must fulfil are as follows:

- As a contract, it must comply with contract law. There must be agreement, it must be understood to be legally binding, both parties must get something from the bargain, it must be signed, and there can be nothing which could make the contract void or voidable (e.g. misrepresentation of key information, mistake as to the nature of the document, or duress being placed upon one party by the other)

- There must be full and frank financial disclosure between the parties

- Both parties must take independent legal advice

- The document must not be completed too close to the wedding (at least 42 days away from wedding would be preferable)

- The document must provide for any future children of the marriage.

If a Pre Nuptial Agreement fulfils the above, it should be given significant weight by the Courts upon divorce, and could save you a great deal of money.

 

We offer a first free appointment lasting 20 minutes for all new clients seeking initial advice and if you therefore wish to discuss any of the above matters with us further, please do not hesitate to contact us on 01327 301771.