Following centuries of refusal by judges to consider the importance of prenuptial agreements, the UK entered into a legal revolution following a test case before the Supreme Court in 2011 in which a prenuptial agreement was given effect by the UK’s Supreme Court
Following on from this, a prenuptial agreement, which sets down a couple’s divorce settlement before their wedding, will have full legal status in England.
A prenuptial agreement is a contract made between two people before they enter into marriage which establishes and formalises the division of property and support in case of death or divorce. These agreements mean that brides and grooms will know which assets they can ring-fence and who will keep certain properties or bank accounts in the event that their marriage irretrievably breaks down.
With a prenuptial agreement, couples are able to predetermine a financial settlement providing help with financial planning. The Supreme Court held that the courts would only overturn manifestly unfair contracts.
Why Sign a Prenuptial Agreement?
Although it might not seem romantic to think about a potential separation at the start of a relationship, more and more couples are signing a prenuptial agreement to manage their expectations and prevent surprises proactively in case of a divorce. Premarital assets, business assets and family inheritances may all be included in the arrangement and can provide both parties with peace of mind. Child support, child custody and visitation, however, cannot be arranged before a marriage.
Legal Advice on Prenuptial Agreements
It is extremely important to ensure you obtain accurate legal advice from our solicitors, who are here to help and guide you through the process so your prenuptial agreement could not be considered manifestly unfair.