Pre-Nuptial / Post Nuptial Agreements
Pre-Nuptial Agreements are not binding yet but, in some cases, will carry decisive weight. They are becoming of greater interest and weight within matrimonial proceedings. Pre-Nuptial Agreements are very different from Post-Nuptial Agreements.
The general rule is that these Agreements can assist, but they will not dictate.
The reason that one party usually seeks to enter into a Pre-Nuptial Agreement, is that they are the financially-stronger party and they seek to protect assets from the discretionary awards made by the Courts. If there was no Pre-Nuptial Agreement, the Court would make an award, taking into account the length of the marriage, the needs of the parties and the standard of living they have become accustomed to and all other factors set out in S25 of the Matrimonial Causes Act 1973.
Everyday cases where someone may want a Pre-Nuptial/Post-Nuptial Agreement
- Family money at start of marriage
- Those who can’t stop marrying, divorcing and remarrying
- Where there are children from a previous relationship whom clients wish to protect financially
- International marriages, potential for forum shopping on divorce
- Reconciling divorced parties
- Parties who need religious divorce (GET/Talak)