Prenuptial and Postnuptial Agreements

Nuptial Agreements can be pre-nuptial or post-nuptial agreements which are documents setting out how assets will be divided should a couple divorce.

They are becoming more widely accepted and are an important consideration where those planning to marry have valuable assets or where they expect to inherit in the future.

One thing we always get asked, understandably so, is whether these documents are binding. The short answer is no, they are not currently legally binding under English law however, they are likely to be upheld if they are properly prepared and executed. They are a factor that a Court will consider in the event a divorce, alongside other factors that the Court is obliged to consider when deciding how assets will be divided between the parties.

To give a nuptial agreement the best chance of being upheld, independent specialist matrimonial and family legal advice must be obtained by each party and there must be financial disclosure exchanged so that they both understand what rights they may be giving up should they enter into a nuptial agreement. The agreement itself needs to be “fair” and must not produce a result that would be obviously unfair on one party. The concept of fairness is elastic and there is no clear definition but what we do know is that one party must not be left in a position where he or she cannot meet his or her reasonable needs after a divorce.

The drafting of a nuptial agreement should not be overly complicated, and it is a document that needs to be clearly understood by the parties entering into it and by any Judge that may be asked to consider it in future.

We often find that where one or both parties are likely to benefit from a significant inheritance sometime in the future, the parent/s of that party will often encourage them to seek advice on a possible nuptial agreement so that the family wealth that is passed down is protected for future generations.
What should you do if you are thinking of getting married?
You should consult with a specialist family and matrimonial solicitor well in advance of the date of the marriage so that matters are not rushed, and terms of any agreement can be properly considered. We can make suggestions of suitable family solicitors for the other party to consult so that the matter can be dealt with constructively and collaboratively. My team and I have extensive experience in preparing nuptial agreements not only for our clients in the media and music industry, but for clients from all walks of life.