Prenuptial Agreements
The call for UK law on Prenuptial Agreements to change is gaining momentum.
Recent decisions in the Supreme Court mean that Judges are under a greater duty than ever before to give due weight to any Prenuptial Agreement into which a spouse has entered freely. This effectively means that married couples and civil partners are increasingly able to regulate the future enjoyment of their assets.
The Family Team at Fosters offers a service in which we will negotiate, draft and advise you on suitable terms for a Prenuptial Agreement consistent with all your needs post separation and divorce or civil partnership dissolution.
If you want more advice about Prenuptial Agreements, please feel free to speak in confidence to one of our Family lawyers on the below telephone number. Alternatively, please use the e-mail options below.
Frequently Asked Questions
- What is a pre-nuptial agreement or a “pre-nup”?
This is a formal agreement entered into by a couple before they get married. It sets out what they have agreed will happen to their assets in the event of a future divorce.
- Who can enter into a pre-nuptial agreement?
Any couple who are contemplating marriage or entering into a civil partnership.
- Can I make a pre-nuptial agreement once I have got married?
It is much better to agree all of these arrangements before the marriage takes place but it is possible to enter into a similar agreement once the marriage has taken place. These are known as “post-nuptial agreements”.
- Are pre-nuptial agreements binding?
No. In England and Wales, the courts have the final say and are not bound by the terms of a pre-nuptial or (post-nuptial) agreement. However, such agreements may be important evidence for what the parties intend to happen. They may be influential.
- Can I change a pre-nuptial agreement once I have entered into it?
Any agreement can be changed if the parties to the agreement agree on what changes there should be.
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