Pre and Post Nuptial Agreements
Since the Court’s decision in Radmacher v Granatino in 2010, the Court will most often give effect to a pre nuptial agreement that is freely entered into by each party with a full appreciation of its implications, though not in the circumstances prevailing if it would be unfair to hold them to that agreement.
Where parties might seek therefore to ringfence non-matrimonial property accrued before the parties meet and/or marry, it has become common place to effect a pre-nuptial agreement.
Such agreements commonly involve family businesses, where the impact of divorce and separation might affect not only the other party to the marriage, but also that party’s wider family for example siblings, parents, other shareholders and directors within the company, or partners in a business.
Pre-nuptial agreements are also common in cases of second or third marriages where parties wish to ringfence their assets for the benefit of their children from a former relationship.
The law requires certain conditions to be observed for a pre-nuptial agreement to be enforceable and so receiving advice about timings and key elements that should be considered and included within the deed, particularly where there might be children of the relationship at a later date, are important. Taking preliminary advice on what you may need to do and the timings involved can be critical and so it is invaluable to seek advice well in advance of contemplating your pre-nuptial agreement, or in some cases what might go into a post nuptial agreement.