Family Law, Divorce, Separation
Prenuptial agreements – a guide
Until recently it has been the case that agreements made before marriage by a husband and a wife that attempted to influence the way divorce courts allocate assets were of little value.
Court are now taking them into account
Recent case law indicates that England is catching up with the rest of Europe and the courts are now taking them into consideration when deciding on the division of matrimonial assets. Prenuptial agreements can also be amended to create a postnuptial agreement should the parties financial circumstances change.
Items that should receive consideration when drawing up an agreement
- division of property
- personal rights
- child arrangements
- various practical matters
- the reason why a prenuptial agreement is being drawn up
The issues a court would consider when reviewing a prenuptial agreement
- Did both parties benefit from independent legal advice and was there a full financial disclosure?
- Was either party under emotional or financial pressure to sign?
- Would an injustice be done if the agreement were upheld?
- How long before the wedding was the agreement signed?
- What is the length of the marriage and have any children been born since?
- Have there been any material changes in the circumstances of either party?
In order to offer protection to both parties, the courts have been careful to impose a variety of different safeguards.