Pre-Nuptial Agreement

A pre-nuptial agreement or pre-marital agreement is a contract that is entered into by couples before marriage which determines the division of property and assets including spousal support in the event of a divorce.
Traditionally pre-nuptials were only entered into by celebrities or the very rich however it is increasingly being used by ordinary couples who want to safeguard their assets in the event of a divorce.

Validity in the UK

There is no legislation in England and Wales relating to pre-nuptial agreements which makes them binding. However the Courts are increasingly enforcing and supporting pre-nuptials especially if certain requirements have been fulfilled at the time the agreements were entered into, such as:

  • Did the parties seek independent legal advice prior to entering into the agreement?
  • Did the parties make full and frank disclosure of all their financial assets prior to entering into the agreement?
  • Was the agreement signed within a period of no less than 21 days before the wedding?
  • Did either party sign the agreement under duress?

At Saracens Solicitors we will help draft the agreement for you and ensure that you are accurately advised on the process.

Insights

Divorce & Family Law

Father’s Rights to Child Custody – Questions & Answers

Farzana Naz Partner and Head of Family Law at Saracens Solicitors 0203 588 3527 fnaz@saracenssolicitors.co.uk Looking for a specific question and answer? Click the links …

READ MORE

Child Custody Between Divorced Parents During UK Lockdown – How To See Your Child

As parents, we believe in an almost inherent right to see and speak to our children whenever we want to. But in reality, there are …

READ MORE

Can I Contact My Child During Lockdown? – Coronavirus (COVID-19)

We have received many calls over the last week from separated parents seeking advice on child arrangements in light of the current worldwide coronavirus lockdown. …

READ MORE
Divorce & Family Law

Divorce D-Day – Married to a wealthy partner and want a divorce?

What is D-Day? (Divorce Day)Divorce D-Day is the day when most couples consider ending their marriages after the festive holidays. The date falls on the …

READ MORE
  • Accepted file types: doc, docx, pdf.
  • This field is for validation purposes and should be left unchanged.