Pre-Nuptial Agreements

Marriage is probably going to be the most important contractual decision of your life and yet people give very scant regard to any of its terms and conditions.

It has often been considered in the past that agreements made in contemplation of marriage were totally unenforceable in English Law. The reason for this was that such an agreement (a pre-nup) was perceived to be an attempt to oust the jurisdiction of the courts and so be against public policy. However times are changing.

Recent case law suggests that the courts are now giving effect to such agreement provided certain conditions and stipulations are met with general regard to their fairness. The courts examine such agreement against their statutory duty of care under the normal divorce legislation.

Pre-nuptial agreements will be of considerable importance and influence where parties come to the marriage bearing unequal financial contributions.  The pre-nuptial agreement process must be properly and expertly handled throughout the drafting procedure to ensure that as far as is possible such agreement will not fall foul of the judicial process in the event of divorce proceedings being issued.

A pre-nuptial agreement drawn up without expert legal knowledge of the conditions to be met could put parties’ assets, earnings and pensions at considerable risk in the event of divorce.

It must be remembered that people generally enter into marriage on a wave of emotional buoyancy and any thought of a pre-nuptial agreement is the last thing on the agenda.