Prenuptial agreements

Whilst such agreements cannot override the discretion of the Court when deciding financial matters upon divorce, judges must now take the terms of these agreements into account as a relevant factor when deciding such issues. They can provide strong evidence of the intentions of both parties about what should happen in the event that the marriage breaks down.

The enforceability of prenuptial or premarital agreements will depend largely upon the document being properly drafted in good time before a wedding and with both parties having full and frank disclosure of the financial position of the other at the time.

It is also important that both parties have had the benefit of independent legal advice and any other expert advice as may be necessary.

We can advise you about the issues to consider when entering into a prenuptial or premarital agreement and can negotiate the terms of such agreements on your behalf.

We can also offer you support from our Wills, Trusts & Tax Planning team. We have strong links with local tax and pensions experts for additional advice if necessary.

For further information please contact one of the team.