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Pre Nuptial Agreements - Frequently asked questions

• What is a Pre Nuptial Agreement?
• Are Pre Nuptial Agreements binding?
• How do I get a Pre Nuptial Agreement?

What is a Pre Nuptial Agreement?

A Pre Nuptial Agreement is a document prepared by two people who are intending to marry or form a civil partnership. The intention of the document is to clearly set out what would happen with regard to finances should the relationship breakdown at any point in the future.

Are Pre Nuptial Agreements binding?

These Agreements are not 100% binding but current Family Law states that in dealing with financial issues consideration has to be given to all the circumstances of the case. Therefore, Courts can be asked to consider Pre Nuptial Agreements and in recent cases before the Court such agreements have been upheld upon the basis that:

• The parties understood the Agreement.
• They had been properly advised and there had been full financial disclosure.
• The parties were under no pressure to sign the Agreement.
• There had been no unforeseen change of circumstances which would make it unfair to hold either party to the Agreement.
• There was no injustice to either party.

When people enter into a Pre Nuptial Agreement the circumstances can be very different to those that may exist if the marriage breaks down. The Court will have to take into account all of the circumstances of the case and how encompassing the Agreement is.

How do I get a Pre Nuptial Agreement?

You will need to arrange an appointment with one of the Lawyers in our specialist Family Team. In preparing these Agreements it is important that both parties receive independent legal advice and it is therefore advisable to ensure that initial arrangements to prepare such an Agreement are made at least six weeks before the “big day”!