Pre-Nuptial Agreements
Pre-Nuptial Agreements seek to regulate and/or limit the financial obligations and claims that either party may have against the other in the event of the breakdown of their marriage. These are not enforceable in English law. It is a matter of public policy that parties to an agreement cannot exclude or oust the jurisdiction of the Courts in England and Wales to entertain any claim for financial relief within divorce proceedings. For this reason Pre-Nuptial agreements are still comparatively rare but are becoming increasingly popular in this country.
Although Pre-Nuptial Agreements are strictly unenforceable, if there are subsequent divorce proceedings a Court can be invited to consider the Pre-Nuptial Agreement as one factor that should be taken into account. The Court can look at the agreement and decide (given all the circumstances) what weight they should attach to it. The Court’s duty in financial proceedings is to decide what is a fair solution, having considered all of the circumstances. It should be noted therefore that the treatment of a Pre-Nuptial Agreement in financial proceedings will vary from case to case.
When considering what weight should be placed on a Pre-Nuptial Agreement the Court may take many factors into account, including whether both parties have made full and frank disclosure of their finances, whether both parties have had the opportunity of obtaining independent legal advice and when the Pre-Nuptial was signed.
Please feel free to telephone any one of our family team to discuss matters in confidence. We can arrange for an initial consultation so you can understand the options available to you.
Contact:
Joyti HenchieDD 01279 638809 Email
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