I love you darling, not your bank balance – Pre Nuptial Agreement?”

26 March 2010

Rayma Collins looks at Pre Nuptial Agreements.

One of the common misconceptions I often hear when discussing pre nuptial agreements is that they are “not worth the paper they are written on!”

So why bother?

A pre nuptial agreement is a written document prepared by two people intending to marry. It sets out assets owned at that time and outlines joint intentions for those asstes should the fairytale not have such a happy ending.

Regarded by many as the ‘unromantic’ option and despite not being legally binding, these agreements are fast becoming one of the most sought after documents from Family Law practitioners. The main reason seems to be a desire by spouses to be the masters of their own destiny. They wish to avoid leaving a Judge, who knows very little about them or their family, imposing a settlement upon them especially where the assets being considered had accrued by one party’s endeavours before marriage.

Most commonly, the agreements are requested where one party is entering into a second or subsequent marriage having previously experienced the very wide discretion of the English courts. With changing times and marriage now occuring much later in life, we also frequently advise couples intending to marry for the first time where they have already accrued their own wealth.

So are they worth the paper?

Whilst the Court will always retain jurisdiction to ensure fairness is achieved when a marriage breaks down, where safeguards have been followed, the judiciary will place weight on pre nuptial arrangments when assessing how to achieve such fairness. Despite a lack of Governmental guidance on this issue, the Courts now consider Pre Nuptial Agreements as factors of major importance and in my view, it would be better to have such a document than not.

Thinking about the worst case scenario when you are planning such a happy event is not something anyone enjoys but as with a Will, if you are to have any chance of determining and influencing what should happen to your assets shoud the worst happen, it is vital to seek advice from a specialist matrimonial lawyer before you marry. This advice must be sought at an early stage so our team of family specialists are on hand to provide free preliminary advice should you wish to explore this opportunity.

For more information on this subject or any other legal matter,
please contact us:

Tonbridge: 01732 770660
Sevenoaks: 01732 747900
Email: marketing@warners-solicitors.co.uk