The Wedding Season is here! Do you need a Pre-Nuptial Agreement?

The wedding season is now underway.  Understandably everyone’s focus will be on the wedding day.  However, although perhaps an unromantic and negative prospect, consideration should be given to the effect of the marriage on the couple’s financial future.  This is where a Pre-Nuptial Agreement can be essential. 

A Pre-Nuptial Agreement (or Pre-Nup), in the UK is a legal document drawn up between a couple before their marriage to outline how each of their assets will be divided between them in the event of a divorce. Although Pre-Nuptial Agreements are not automatically legally binding in England & Wales the family courts will look to uphold a Pre-nuptial Agreement if certain qualifying criteria are met. It is important to remember that the Court will always have the last word and will view all matters (including the Pre-Nuptial Agreement), within the provisions of the Matrimonial Causes Act 1973.

The aim of the Agreement is to offer some certainty in circumstances where parties prefer to agree in advance the distribution of their assets on divorce rather than leaving it to the discretion of the Divorce Courts. Without a Pre-Nuptial Agreement if the marriage ends both parties’ assets, even if acquired before the marriage, could be held to be matrimonial assets to be included in the “matrimonial pot” and shared.   

Contrary to popular belief, Pre-Nuptial Agreements are not reserved for the rich and famous. They are more likely to be put in place where one party already has or is likely to acquire more assets than the other, for example couples who are marrying in later life, those entering into a second marriage, those with large inheritances or other pre-acquired assets. 

For a Pre-Nuptial Agreement to have the best chance of being upheld by the Court on a divorce the Agreement must be considered fair to both parties and there are other strict criteria that must be met when preparing the Agreement.    To find out more or to book an appointment contact Leeds Day on 0333 577 2250, send an email to family@leedsday.co.uk or visit  Family.

The family team comprises Simon Thomas, Lisa Leader, Lee Bailham and Charlene Powell. All are highly experienced solicitors. In addition, Simon Thomas also specialises in collaborative family law.