Pre-Nuptial Agreements

Under English Law Pre-Nuptial Agreements are not enforceable. They are considered as being contrary to public policy because they are seen to undermine the institution of marriage by contemplating or providing for divorce, there is a public interest in ensuring that former spouses receive fair financial provision in the event of divorce and the jurisdiction of the Divorce Courts to make financial orders cannot be excluded by the parties by agreement.

Edwina Tyne, Partner at Tinsdills says:

“The fact that Pre-Nuptial Agreements are not enforceable does not mean that they cannot be relevant and in some cases influential. The tide may well be turning in favour of attaching more weight to them provided the agreement was fair when it was made and if its terms were “enforced” the agreement would upon marriage breakdown provide fairly for both parties.
It is also more likely that the agreement would be taken into account where the marriage endures for a short period of time and with no children.

It is also important that no undue pressure or duress is put on any party to the agreement and it should be negotiated and agreed well in advance of any marriage.

In view of recent high profile House of Lords divorce cases it is not only the rich and famous who enter into a Pre-Nuptial Agreement. Any party with significant assets planning to marry and particularly parties entering a second marriage with assets should consider entering into a Pre-Nuptial Agreement and should seek legal advice on doing so.”

For further information about how we could help you with this or any other matter please contact Edwina Tyne on 01782 652300.