Prenuptial Agreements

Prenuptial agreements give couples who plan to marry the opportunity to plan in advance what will happen to their assets should the marriage fail, the relationship breaks down and they decide to get a divorce. The agreement usually involves items such as:

  • Houses and other property
  • Cars
  • Business interests
  • Finances
  • Bank Accounts
  • Investments
  • Earnings

Initially these 'prenup agreements' were viewed as being contracts only adopted by the very wealthy and high profile celebrities. However as divorce rates have increased through the years more and more couples with average incomes and modest assets have sought to get a prenuptial (or as is often erroneously spelt 'prenuptual'), put in place in order to be prepared if the marriage should unfortunately end in divorce.

Even though commonly legally accepted around the world, UK courts have traditionally been resistant to prenuptial contracts. Reserving the right to apply only parts of the agreement or reject them out right. This approach however is beginning to change. In the case of:

"Radmacher (formerly Grantino) v Grantino, also known as NG v KR (prenuptial contract)"

The Court of Appeal saked judges to treat pre-nuptial agreements as the decisive element and furthermore asked for government legislation to change the law so that any prenuptial agreement should form the basis of an award.

So in the UK now we find ourselves in the position that although not technically enforceable by law, prenups are proving to carry a lot of weight and influence inn the courts. This is still very much on an agreement by agreement basis but if the agrement seems fair and reasonable to a judge it is very likely that the subsequent outcome will reflect the terms of the prenuptial agreement.

With this in mind having an expert lawyer draft the terms of the agreement for you will ensure the Courts see the prenup in the best possible light.

Family Law Sheffield specialist family law solicitors will help you find out more about prenuptial agreements and whether they would be appropriate for you.  Family law solicitors who have experience, expertise and expert knowledge of the law as it relates to prenuptial agreements, who will help you through what can sometimes be a confusing and complicated process.

 

If any of the above information on prenuptials interests you or you need legal advice about any other aspect of family law talk to us on 01143 030 981, our initial advice is free. You can fill out our online enquiry form or get in touch through email:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it