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 Pre-Nuptual Agreements
These are agreements made between those contemplating marriage or entering into
a Civil Partnership. The content of a Prenuptial Agreement can vary widely, but commonly includes provisions for division
of property and spousal support in the event of divorce, breakup of marriage, separation or dissolution of a Civil Partnership. These agreements appear to be now given increased recognition in
English Law.
Significant weight was given to them in the case of Radmacher v Granatino [2009] FLR1566
Court of Appeal. In that case the Judges decided the division of marriage and assets on the basis that “decisive
weight” should be given to the [Pre-Nuptual] agreement. Thorpe LT stated that it was becoming “increasingly
unrealistic now to recognise the rights of adults to enter into agreement governing their future financial relationship”
The Husband has appealed to the supreme Court. The Law Commission has confirmed that various proposals will be put to the
government including recognition of pre and post nuptual agreements We quote from the Law Commission www.lawcom.gov.uk/marital_property.htm where it refers to such agreements regulating a couples’
financial affairs during the course of their marriage or seeking to determine how they would divide the property in the event
of parting. However, it must be emphasised that such contracts are not binding under English
law and cannot be made so without legislation which is unlikely to be before 2012.
This
may be made before the marriage or Civil Partnership and there are strict conditions that have to be met. The position is
therefore that if your circumstances warrant, you should consider this and if you would like more information on this please
contact Daniel Priest on freephone 0800 1071 208 or
email us.
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