HomeFamily LawPrenuptial Agreements

Prenuptial Agreements

A Prenuptial agreement is a contract entered into prior to marriage.  The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division of property and support in the event of a divorce or breakup of the marriage.

They are often useful in establishing what is included in the Estate of a Deceased Partner to assist in giving effect to gifts in his or her will.  A prenuptial agreement may also include terms allowing for the forfeiture of assets when a divorce is issued on the grounds of adultery.

At present, the law allows couples to decide how their property should be shared. It is then left to the Court to decide how much weight to give to their agreement. However, as a result of recent case law the Law Commission has put forward a consultation paper to review prenuptial agreements.

The Supreme Court’s decision in Radmacher v Grantino [2010] UKSC 42 was extremely significant. The Supreme Court ruled that the Court should give effect to a pre-nuptial agreement that is freely entered into by each party, with a full appreciation of its implications, unless, in the circumstances prevailing, it would not be fair to hold the parties to their agreement.

We have, at DW Solicitors, prepared numerous prenuptial (before marriage) and postnuptial (after marriage) agreements for our clients.

If you would like to discuss the preparation of a pre or post nuptial agreement then please call us today for a free no obligation quotation. Your partner will need independent legal advice and we have relations with other local law firms that may assist with that.

 

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