Are prenuptial agreements binding?
No, pre-nuptial agreements are not binding in a court of England and Wales. If properly and effectively drafted, however, the court may well endorse a prenuptial agreement. In certain circumstances a prenuptial agreement is a practical method of financial planning. It may also help to reduce distress and animosity upon separation and divorce.
Can you ensure that the court upholds my pre-nuptial agreement?
You can increase the chances of the court upholding your prenuptial agreement by taking the following steps:
- Prior to signing the agreement both parties should obtain independent legal advice.
- Ensure that both parties are fully aware of each other’s income and assets.
- Make sure that the agreement recorded is reasonable and does not disproportionately benefit one party to the agreement.
Avoid any duress, pressure or undue influence on either party.