Following the Supreme Court’s decision in Radmacher –v- Granatino it is now more likely than not that a pre-nuptial Agreement will be taken into consideration when dividing the assets of the marriage upon divorce. Before this decision dated October 2010 pre-nuptial agreements were only persuasive in English law. Today, provided the parties have had the opportunity to take legal advice, there has been full and frank disclosure before entering into the agreement, neither party has been put under duress to sign the Agreement and there has been sufficient provision made for children of the family, the agreement is most likely to be upheld unless in the prevailing circumstances it would not be fair to hold the parties to the agreement.
We specialise in pre-nuptial agreements
Parties entering into marriage would be best advised to consider making a pre-nuptial agreement. This may be particularly important for those entering into marriage for a second time where there may be greater assets at stake. These can be quite complex documents with fairly technical issues at stake. It is essential to take advice and to ensure that they are tailor made. It is vital that the terms are negotiated and agreed in sufficient time before the wedding takes place and signed 28 days before the marriage ceremony.