Prenuptial Agreements – what are they?
A Prenuptial Agreement (also known as a Prenup, Prenuptial Contract or Premarriage Agreement) is an agreement made by a couple before marriage as to how their property should be split should they divorce.
With the increasing numbers of divorces these days, and given the powers of the court to re-distribute family property, these Prenuptial Contracts have emerged in America and to a lesser extent in England as an option to try to protect the separate property of either or both spouses at the end of their marriage.
Is a Prenuptial Agreement binding?
Although they are currently unenforceable under English law, a Prenuptial Contract properly drafted by a specialist family solicitor can be persuasive evidence to the court in showing how a couple agreed before they married to split up their property – this may have a significant impact on the outcome of a divorce case.
It is increasingly possible that an existing Prenuptial Agreement could become enforceable in the future – particularly following the case of the German heiress, Karen Radmacher, which was reported on October 20, 2010, and which appear to show that the British courts were willing to accept that “decisive weight” be given to a Prenuptial Agreement in the UK. This decision seems likely to prove a significant step towards the prenup becoming legally enforceable in England and Wales.
A Prenuptial Agreement is perhaps particularly relevant to those with inherited assets they wish to keep within the family, and those who remarry later in life. Our solicitors provide legal advice to clients about Prenuptial Agreements in Wiltshire, Hampshire, Somerset and Dorset and throughout the UK.
For more information about UK Pre-Nuptial Agreements, visit our specialist Prenuptial Agreement Solicitors website.
Our Prenuptial Agreement Solicitors can see you in our Salisbury, Andover, or Amesbury offices. Our solicitors also regularly prepare prenuptial agreements for clients throughout Wiltshire Hampshire and Dorset, and further afield.