Preventing Future Disputes by Implementing a Pre-Nuptial Agreement

Our client wanted her properties protected before she got married, and her partner wanted his company protected. We advised the client that they could have a pre-nuptial agreement implemented.

Although not legally binding, with certain formalities the agreement carries weight if the parties did divorce, especially since the case of Radmacher v Granatino [2010] UKSC 42.

We advised that both parties would need to disclose their assets by way of a Form E, which would be attached to the pre-nuptial agreement. Both parties would need to receive independent legal advice on the agreement and have it witnessed. The pre-nuptial agreement would also need to be signed 28 days prior to the wedding to show that it was not forced, otherwise a post-nuptial agreement would need to be drafted instead.

We went through the clauses that would need to be included, such as the family home, review of the agreement in five years, division of assets if they divorce, payments, provisions if they have children, and many more.

We met with the client at each stage and wrote to her partner with the initial letters. We advised the client throughout the process, and her partner received independent legal advice from another firm.

We drafted the agreement, which was approved by her partner’s solicitor. The agreement was signed and witnessed as a pre-nuptial agreement in good time, months ahead of the marriage.

A pre-nuptial agreement allows couples to plan ahead and protect assets they bring into a marriage. The legal process ensures that assets accumulated before the marriage are protected once they have married.

It is important to seek expert help early to ensure all assets are properly protected and that the agreement is not rushed. The formalities must be properly followed for the agreement to carry weight if the parties later divorce.