Pre-nuptial Agreements.

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In English law prenuptial agreements are becoming more and more important when it comes to resolving financial issues on the breakdown of marriage.

Although they are not currently binding on the English courts, and therefore the English courts are not obliged to follow them, there have been various important cases recently which have shown that where there is a prenuptial agreement the court will at least take it into account when deciding on the financial provision to be made.

Several recent cases have clearly shown that the English courts are now willing to take the existence of the prenuptial agreement into account, and in certain circumstances to vary what they would otherwise have provided, on the basis that a prenuptial agreement was entered into.

For further details visit Prenuptial Agreements UK Cases and Advice.

Both parties need to have independent legal advice, and other safeguards must have been in place, but for anybody who is bringing significant assets into a marriage, or is perhaps marrying for a second time, or who already has an existing family at the time of marriage, or is a very high earner, then a prenuptial agreement is something they should certainly consider.

Under The Inheritance (provision for Family and Dependants) Act 1975, a Court can vary the terms of a prenuptial agreement if one of the parties dies without making reasonable Provision for the other or for the children. Please visit Contesting A Will for further information on how to contest a will in these circumstances.

We are very happy to discuss whether a prenuptial agreement might be worthwhile on an individual basis and would be very pleased to provide you with specific advice in this regard. For further information on this topic please read the article on prenuptial agreements contained in the Newsletters section of our main website at Silverman Sherliker LLP or contact us.