FAQs About Pre-Nuptial Agreements

Discover answers to the most frequently asked questions surrounding Pre-Nuptial Agreements

 

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.

 

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