With the number of divorce cases increasing each year in the UK, more and more couples are considering entering into a Prenuptial Agreement (or Pre Marital agreements as they are also known) before they tie the knot.
Entering into a Prenuptial Agreement can help prevent costly, lengthy and often hostile court proceedings should the marriage come to an end.
Our expert solicitors have years of experience advising couples on their options. We have worked on cases of all sizes, including many where both partners have significant wealth. Whether you have complicated assets or financial interests, we can help you arrange a prenuptial agreement that suits your needs.
A Prenuptial Agreement is a written agreement between two people who are about to marry or enter a civil partnership.
The agreement sets out who owns what at the time of marriage or civil partnership and how the couple envisages that their assets should be divided if the couple should separate or divorce. Prenuptial Agreements can also cover the couple’s intentions regarding their children.
These agreements are still not strictly enforceable or legally binding in UK law.
Unlike a commercial contract, you cannot sue another party based on a Prenuptial Agreement, and there is always the possibility that if the marriage breaks down, the court will not uphold the terms of the Prenuptial Agreement.
However, following the Supreme Court decision in the case of Radmacher vs Granatino 2010, the legal weight of such agreement has since been significantly strengthened and they are now more likely to be upheld if they are not deemed to be unfair.
In the case it was stated that “the court should give effect to a nuptial agreement that is freely entered into by each party with the full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement”.
In more simple terms, this means that although prenuptial agreements aren’t strictly enforceable, if they are properly prepared, the courts will give them a great deal of weight if there are any future court proceedings, providing security and reassurance to the parties involved.
Although prenuptial agreements aren’t legally enforceable, they can be totally effective in the event of a breakdown of the marriage if:
This can help avoid any arguments that one party was coerced into signing the agreement immediately before the marriage. It is essential, therefore, that proper legal advice is obtained before entering into such an agreement.
It is currently being suggested that new legislation may be introduced to make prenuptial agreements legally enforceable.
Such legislation means the parties entering into the agreement should consider very carefully the terms of the agreement they wish to enter. In such an event, sound legal advice on the contents, drafting and effects of a Prenuptial Agreement cannot be emphasised enough.
There are many advantages to entering into a prenuptial agreement before an upcoming marriage or civil partnership, namely:
Morrish Solicitors are a leading Law Firm based in Yorkshire. We provide a wide range of legal services both regionally and nationally.
Our experienced Family Law Solicitors Leeds offer clear, honest and confidential legal advice on a range of family law and matrimonial matters, including prenuptial agreements.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solution to support your family’s wellbeing.
Led by Noelle Heath, Head of Family Law, our family lawyers are members of Resolution – first for family law, which is a national organisation of family solicitors and lawyers committed to a non-confrontational approach to divorce, separation and other family problems.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
Want more information? Book a free initial consultation with our expert Family Law Solicitors in Leeds and Yorkshire.
I have nothing but praise for Morrish and Co Solicitors. They're professional, respectful and will support their clients with issues both big and small. I have used Morrish and Co for various matters and am confident in their knowledge and services provided, and would most definitely recommend them to friends and family. They're also recommended by the Transport Salaried Staffs' Association Trade Union and have delivered excellent customer service and support for me and undoubtedly their other clients too.
Mark Evans, November 2021
