While not legally binding in England and Wales, since the landmark 2010 case of Radmacher v Granatino the courts generally uphold nuptial agreements that are freely entered into by each party, and who each have a full appreciation of its implications, unless there is good reason not to do so.
As a result, nuptial agreements have become an increasingly effective and popular way for couples to work out how they want to organise their finances after they marry, and what they want to happen if things go wrong.
If done properly nuptial agreements cut short any arguments on divorce make the process much calmer and easier for everyone involved, especially children.
However, no agreement can oust the jurisdiction of the court, and this means that no nuptial agreement can be said to be completely binding. On divorce there will always be scope for argument about whether the agreement should apply, albeit a well prepared and thought out agreement can diminish the weight of those arguments.
We have substantial experience in not only drafting nuptial agreements, but enforcing them too. We have also successfully acted for the individual seeking to challenge their nuptial agreements in a range of cases. This experience on all sides means we understand the full range of arguments and are extremely well placed to advise you, whether you seek to enforce or challenge.
In particular you will need to consider:
- The nature of your agreement – is it a pre nup or a post nup? Was it properly executed?
- The circumstances prior to the agreement being made, especially:
- Inadequate legal advice prior to signing
- Inadequate or misleading disclosure
- Duress
- How close to the wedding was the agreement entered into?
- The circumstances of your marriage after the agreement has been made:
- How much time has passed?
- Would the terms of the agreement now be fair?
- Would one party be left in a situation of real need?
We have experience not only with English law prenups but also international nuptial agreements from a variety of jurisdictions, with a particular speciality in Anglo-French relationship contracts.
