Pre-marital Agreements

Pre-marital or Pre-nuptial Agreements are currently not binding in English law. At most, the court may take them into consideration as ‘one of the circumstances of the case’ or as ‘conduct which it would be inequitable to disregard’ in Financial Remedy proceedings, which is the process of dividing the matrimonial assets upon the breakdown of a marriage. 

The following will be considered by the courts when deciding how much weight to attach to a pre-marital agreement, namely: 

• Did the parties receive independent legal advice?
• Did the parties provide full and frank disclosure?
• Was either party under any undue influence?
• Would an injustice be done by now holding the parties to its terms?

We can represent you in drafting a pre-marital agreement or advising you in relation to one you have been asked to sign.