Once thought of as the stuff of films and millionaire lifestyles, pre-nuptial agreements have been commonplace in many parts of the world for a surprisingly long time. As a result of a landmark case in 2010, England & Wales are now more in line with the rest of the world when it comes to the legal status of a pre-nuptial agreement.
Where both parties to the agreement have entered into it voluntarily, without undue pressure and have been fully informed of its implications, then the Court should give effect to the terms of that agreement unless there are circumstances which would make it unfair to do so.
They are not, as some people allege, more likely to lead to divorce, and in fact can have the benefit of the parties being confident that, should the relationship break down in the future, there will be less conflict and less expense to ensure both parties are provided for, and if there are circumstances which were not provided for, like the existence of children, the Court still has the power to make orders dealing with those additional circumstances.
If you would like to know more about making a pre-nuptial agreement, you should arrange an appointment with us as soon as possible so that any agreement can be drawn up and finalised well in advance of your marriage.
If you are already married, you should read our section on Post-Nuptial Agreements.