For all your legal challenges...
We're here to help
For all your legal challenges...
We're here to help
Arguably, once seen as the preserve of the rich and famous, Pre-Nuptial Agreements or “Pre-Nups” as they are often referred to are becoming increasingly common, particularly in the context of people getting married or entering into civil partnerships later in life when they have already accrued a significant ‘pot’ of assets, or entering into a second marriage after divorce and are keen to try and protect those assets should their subsequent marriage or civil partnership end. The main purpose of a Pre-Nuptial Agreement is to set out the basis on which the couple will divide assets if this happens.
Though seen by some as “unromantic” or perhaps even putting a “curse” on a marriage or civil partnership, more people are considering entering into a Pre-Nuptial agreement before marriage. According to the Office for National Statistics in 2012, it is estimated that 42% of marriages in England and Wales end in divorce, 34% by the 20th wedding anniversary, so it is understandable why many are taking action.
In February 2014, a Law Commission report on the topic recommended that pre-marital agreements should be considered legally binding. This isn’t the case yet but perhaps in the future they will be recognised as such.
Despite Pre-Nuptial Agreements not currently being considered as legally binding, the court may, in certain circumstances, take one into consideration as evidence of the parties’ intentions following the breakdown of a marriage or civil partnership.
What can you do, as far as you are able, to make sure that the court will take a Pre-Nuptial Agreement into account in the event of your marriage or civil partnership breaking down?
It is important that:
If you would like any further information about Pre-Nuptial Agreements please get in touch with a member of our Family Team.
Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). We use cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click Settings.
Our use of cookies.
You can learn more detailed information in our Privacy Policy
Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. The technology to maintain this privacy management relies on cookie identifiers. Removing or resetting your browser cookies will reset these preferences.
Essential Cookies
These cookies enable core website functionality, and can only be disabled by changing your browser preferences.
Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Click here for a full list of Google Analytics cookies used on this site.
Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site.
Search site
Contact our offices
Make an enquiry