More information on pre-nuptial agreements

Who should make pre-nuptial agreements?

Traditionally, pre-nuptial agreements have been seen as only for  the very wealthy, but there are certain types of couples for whom they are particularly appropriate:

  • People who have already been through the divorce process may well be put off the whole idea of remarriage. They may feel at less risk of being dragged through the courts in arguments as some money and property a second time with a prenuptial agreement.
  • Divorcees and bereaved spouses with grown-up children, who may see their parent's remarriage as a threat, not least to their inheritance, may find that their children are less hostile if the possibility of divorce and the resulting financial settlement has been considered and agreed in advance.

How to make courts take notice of pre-nuptial agreements

There are a number of ways to maximize the chances that the Court will pay close attention to a pre-nuptial agreement in the event of a divorce.

  • Make sure that both partners receive independent legal advice about proposed agreement.
  • Make sure there is full disclosure by both parties about assets and expectations, so the pre-nuptial agreement is being made from an informed position.
  • The more eventualities that your pre-nuptial agreement provides for, such as the birth of children and a sliding scale of entitlement for the spouse bringing less into the marriage, so that the longer the marriage lasts, the greater their share: the more likely it is the Court will give consideration to the agreement.
  • It is very important that both partners have time to consider any agreement and to discuss any changes they would like to make.

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Rayma Collins

Partner & Head of Family Law

Naomi Hayward

Senior Associate & Collaborative Lawyer