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.