A pre-nuptial agreement is a written agreement entered into by parties prior to or in contemplation of their marriage. At present pre-nuptial agreements are not legally binding in English law although this may change in the future. Following recent case law the existence of a pre-nuptial agreement is recognised as an important factor by the courts in the event of a divorce.
A pre-nuptial agreement is more likely to carry weight with the court in a relatively short marriage or where the parties have kept their assets separated. It is less likely to carry weight where there have been a number of intervening events such as the birth of a child, ill health or a change in financial circumstances.
In order to make the pre-nuptial agreement effective it is important that certain formalities are complied with. It is recommended that the agreement is entered into at least 21 days before the marriage. There should be mutual and comprehensive financial disclosure between the parties of their respective assets and income. Both parties should take independent legal advice before entering into the agreement.
We offer a fixed quote for prenuptial agreements based on completion of the case.