Pre-Nuptial and Pre-Partnership Agreements have become increasingly popular in England and Wales over the last few years as Courts in recent cases have acknowledged the benefits that can be derived from the existence of such agreements. These agreements can eliminate any potential for dispute as to how the marital or Partnership finances should be dealt with upon separation. Accordingly the Courts are giving these agreements increasing weight when considering how assets should be divided provided certain factors are considered:
* Whether the parties have each received independent legal advice before entering into the Agreement
* Whether the Agreement has been properly drafted and its contents are fair
* Whether the parties have had disclosure of each other’s financial circumstances
* Whether the Agreement has been properly executed in the presence of independent witnesses
* Whether the Agreement has been entered into in a timely manner and whether there is evidence of any undue pressure to enter into the Agreement
Under matrimonial law, the Court still retains the right to override any agreement reached between the parties if the Agreement is not considered valid for any reason or is considered to be inherently unfair. However provided the Court considers the agreement valid and fair, it is now highly likely that the Court will uphold the contents of a Pre-Nuptial or Pre-Partnership Agreement. It is therefore vital that legal advice be obtained before entering into any such agreement.
Our specialist team of solicitors are skilled in drafting Pre-Nuptial and Pre-Partnership Agreements and can also provide professional and discrete advice on any issues relating to such agreements.
For more information please contact one of our Family Law team on 01685 885500, or e-mail us at [email protected]
