Pre-marriage legal advice

This email address is being protected from spambots. You need JavaScript enabled to view it. in confidence to discuss drawing up a pre-nuptial agreements without obligation or phone us on 01223 316666

Agreements entered into before marriage to regulate the terms of settlement on divorce are not at present legally binding in England & Wales but this does not mean that a Court would ignore a pre-nuptial agreement.

    A “pre-nup” is likely to be upheld by a Court if you can show the following:
  • Both parties had proper legal advice before signing
  • The needs of any children were properly borne in mind
  • All financial facts were revealed in advance
  • Each of the parties had “equal bargaining power” when drawing up the agreement
  • There was no duress, undue influence or pressure as to its contents, or to make a party sign

It may only be a matter of time before pre-nuptial agreements have the full force of law. Meanwhile they are a very useful way of expressing the couple’s intentions. And of course they do make you think carefully about your expectations and obligations in marriage generally.