Pre-nuptial Agreements - Protect Your Future

Wake Smith Solicitors 10 November 2013

A pre-nuptial agreement is a contract a couple enter into before they get married, which is intended to outline what would happen with regards to their financial matters were they to separate at a future date. Strictly speaking these agreements only apply to couples who are married but later divorce, although unmarried couples who live together can have a similar written agreement. Recent discussion surrounding pre-nuptial agreements has begged the question; are they legally binding? If a financial dispute develops within a divorce case and the court is called upon to resolve, the court will only apply the relevant law. As yet there is no law stating that pre-nuptial agreements must be upheld. However, recently the courts have said that in certain circumstances the existence of a pre-nuptial agreement may be the most important feature in the case and that its terms should be upheld. To be taken into account by the divorce court the agreement will need to:

  • Be clear and comprehensive
  • Make proper provision for children, including future children
  • Be based on full financial disclosure by both parties
  • Follow on from both parties having had independent legal advice
  • Be signed in an atmosphere where there is no suggestion of pressure being put on one of the parties
  • Be signed at least three weeks before the wedding

A pre-nuptial agreement is not binding on the court but if correctly drawn up it is likely now to have a major influence on the decision that the courts ultimate make. There are plans for this area of the law to have a major review in the near future and this may mean that these agreements become binding on the courts. If a couple do not have a pre-nuptial agreement, which the vast majority do not, then any disputes about the family finances will be sorted out in the usual way, with the court applying the relevant law to the particular circumstances of the individual case. For further advice on pre-nuptial agreements, or any other family issues, please contact Lindsey Canning on 0114 266 6660 or email [email protected]

Tags

Archive

March 20247February 20242January 20248December 20236November 20232October 20235September 20232August 20234July 20232June 20235May 20238March 20234February 20235January 20233December 20225November 20224October 20224September 20223August 20221June 20221May 20227April 20223March 20223February 20223January 20224December 20214November 20213October 20215September 20216August 20212July 202111June 20218May 20216April 20212March 20218February 20218January 20219December 20208November 202013October 20209September 20208August 20203July 20208June 202016May 202013April 20209March 202016February 20209January 202011December 20199November 20199October 201911September 20195August 20194July 20196May 20198April 20196March 20193February 20195January 20194December 20186November 20185October 20182September 20185August 20184July 20189June 20184May 201810April 20185March 20184February 20184January 20183December 20175November 20178October 20177September 20179August 20175July 20176June 201710May 20176April 20178March 201711February 20176January 201712December 20169November 20167October 201610September 201610August 20166July 20167June 20163May 20162April 20166March 20162February 20164January 20165December 20153November 20155October 20156September 20156August 20157July 20157June 20157May 20156April 20159March 20156February 201510January 20156December 20145November 20144October 20142September 20143May 20144March 20146February 20144January 20142December 20132November 20133September 20134July 20132June 20132May 20133April 20131March 20133February 20133January 20136December 20121November 20123October 20122August 20122July 20128June 20123April 20123March 20121January 20124December 20112November 20111October 20112September 20113August 20113July 20117June 20119May 20117April 20115March 20119February 20118January 20111December 20101October 20102September 20102August 20103July 20106June 20101May 20102April 20106March 20102February 20103January 20102December 20095November 20092October 20092September 20092August 20091July 20095June 20095May 20093April 20093March 20093February 20091January 20092November 20082October 20082September 20081August 20083July 20081January 20082

Featured Articles

Contact us