12 March 2015
Why Draw Up a Pre-Nup if it’s Not Automatically Enforceable?
Even though Pre-Nuptial Agreements are currently not automatically enforceable in England and Wales they can still be very beneficial to couples in the event of a divorce.
This is because the Courts will uphold them providing they are fair and have been entered into freely by both parties with an understanding of the implications.
In order to have been entered into freely there must be no evidence of duress, fraud or misrepresentation. It is preferable for both parties to have sought their own independent legal advice before entering into an agreement.
In order to satisfy a Court that the couple understood the implications of the agreement we would recommend that there is full disclosure of their financial position before they sign their Pre-Nuptial Agreement.
If on divorce either party no longer wish to be bound by the terms of the agreement the Court will have to decide if it is fair for the terms to be upheld which will depend on all the circumstances of the case.
Each case is different and circumstances change in a marriage over time.
Although Pre-Nup and Post-Nup Agreements are not automatically binding and enforceable, it can be seen that they do offer a couple the opportunity to better protect their assets and income in the unfortunate event of a marriage breakdown.
Deciding whether to enter into a Pre-Nuptial Agreement is a difficult issue. They can offer certainty in the event that your marriage breaks down. You may feel that they are rather ‘unromantic’ and the suggestion of one may be taken badly by your future husband or wife.
Understanding fully the implications of a Pre-Nuptial Agreement may help you make that decision.
Slater and Gordon Lawyers offer both flexible pricing and fixed fees for family law and divorce legal services. For an initial consultation call the Family Solicitors at Slater and Gordon UK on freephone 0800 916 9055 or contact us online and we will call you.
Also see: Differences between a Pre-Nuptial and Post-Nuptial Agreement.
Slater and Gordon have the largest team of Family Lawyers in the country and offices in London, Manchester, Liverpool, Birmingham, Sheffield, Milton Keynes, Bristol, Derby, Merseyside, Cambridge, Edinburgh, Cardiff, Halifax, Newcastle, Wakefield and meeting rooms in Bramhall, Cheshire and in Hull, Yorkshire.