Pre-marriage legal advice
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.