A pre-nuptial agreement is a contract entered into by couples intending to marry or undergo a civil partnership. The agreement must be made before the date of the marriage/civil partnership and the agreement sets out how the couple’s property and finances should be regulated both during and on the termination of the marriage/civil partnership. A post-nuptial agreement is a similar type of contract but it is made after the date of the marriage/civil partnership.
Many countries in continental Europe, in the USA and elsewhere recognize pre-nuptial and post-nuptial agreements and give full effect to their terms when couples decide to divorce or dissolve their civil partnerships. In the UK, pre and post-nuptial agreements are now being given greater recognition by the family courts and they can have a considerable and significant impact on the division of property and other assets on divorce/civil partner dissolution and can determine what financial support may be available. Following a decision of the Supreme Court (Radmacher –v- Granatino), family courts are now obliged to “give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.” Accordingly, these agreements are extremely important and any couple intending to enter into one should always carefully consider its implications and effects and take separate, independent legal advice.
Our team of family law solicitors have a wealth of knowledge and experience advising clients intending to enter into pre-nuptial and post-nuptial agreements and preparing such agreements. All agreements need to be tailored to a couple’s individual needs and circumstances. Whether you are looking for advice on how best to prepare an agreement or seeking advice in relation to a proposed agreement, our family law solicitors can help and provide you with professional, individual and comprehensive advice to protect your interests.
For further information please call us on 0203 219 0145 and ask for Jo Shortland or Jim Richards. You can also contact us at advice@oliverfisher.co.uk .
