Family Law

Nuptial Agreements

In the event you are contemplating getting married in the near future, you may need to consider entering into a pre-nuptial agreement.

Pre-nuptial agreements are suitable for everybody, regardless of their age or wealth. However, they are particularly helpful for for clients who have been married before and acquired assets following a previous divorce which they might want to protect, perhaps for the benefit of any children from a previous relationship.

Pre-nups are highly advisable for people who are bringing significant assets into the marriage that they might have acquired prior to meeting their new partner or for people with an extraordinary skill or wealth.

The law applicable to nuptial agreements in England and Wales has evolved significantly over the last few years. At the moment the general consensus is that nuptial agreements are not directly enforceable. However, generally speaking, as long as there has been financial disclosure and each party to the agreement has received independent legal advice, clients should expect any nuptial agreements they enter into to be implemented upon divorce, unless there is a very good reason not to do so.

The same principles described above would apply in respect of post-nuptial agreements, which are entered into after, as opposed to before, the marriage.

Our lawyers will be able to advise you as to the appropriateness of entering into a nuptial agreement and the relevant characteristics that will make such agreement more likely to be enforced by the Courts in England and Wales.

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