Couples who are entering into a long-term commitment of marriage or civil partnership are much more likely to be fair minded to each other.  This this means that if a couple entered into a nuptial agreement, they could avoid the costs of protracted and acrimonious court proceedings if their marriage or civil partnership broke down.

It is a common misconception that nuptial agreements are an expensive waste of time.  However, if they are drawn up properly and if they meet certain safeguards then such agreements will be upheld by the Court. The Court made this clear in the leading case on nuptial agreements known as Radmacher v Granatino.

While a Court can uphold a nuptial agreement, if its contents are disputed, a Court would look at such an agreement very carefully.  The Court would want to ensure the nuptial agreement met the needs of both the husband and wife or both civil partners.  Where a nuptial agreement meets the needs of both husband and wife, or both civil partners, and if the couple entered into such nuptial  agreement freely and with the benefit of legal advice then it is very likely that the Court would direct that the separating couple must comply with the terms of their nuptial agreement.

To comply with the law, the nuptial agreement must be drawn up by a qualified solicitor.  The husband and wife or civil partners must have separate solicitors to represent their interests.  They must also disclose all details of their income and their capital to each other.  They must enter into the agreement freely and voluntarily and they must understand all the contents of the agreement. Ideally a pre-nuptial agreement should be signed at least 28 days before the date of the marriage or civil partnership.

A pre-nuptial agreement is a technical and important document which must be drafted carefully. We have the expertise to advise you on the terms of such agreement (i.e. what you should and should not agree to) and the expertise to draw up the document.

The negotiations for nuptial agreements must be conducted with sensitivity so we undertake a collaborative approach with your husband, wife, or civil partner’s solicitor. We go through the agreement with you carefully and ensure that you understand all its contents before you sign up to such agreement.

Drafting a prenuptial agreement for a young woman who had been gifted property by her parents and who stood to inherit their significant wealth in time. 
Negotiations with her fiancé’s solicitors were lengthy and the agreement went through many drafts before both sides could sign up to it.

Representing a husband in his divorce proceedings after a very short marriage and having previously drafted a prenuptial agreement for him prior to his marriage.
We successfully opposed the wife’s challenge to the prenuptial agreement

You can book a complimentary 30 minutes consultation session with our friendly and knowledgeable Head of Family Law, Saika Alam. In the session, Saika will learn more about the challenges that you are facing and talk through how we can help.

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