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.
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.