Protecting your assets with a Pre-Nuptial Agreement

As of 6th April 2022 divorce law has changed drastically, thanks to the Divorce, Dissolution and Separation Act 2020. No-fault divorce is now law.

Therefore, the information in this article may be outdated. Please refer to our dedicated divorce page here for the most up to date information, or call us on 01202 499255.

As Family Lawyers we are often asked about Pre-Nuptial or pre-marriage agreements and whether people can enter into these to protect their assets in the event of a subsequent divorce.

When this issue was considered by the Supreme Court in 2010 it was ruled that a properly entered into agreement would be upheld by a court if it complied with four essential elements, which are:

1. That there is an agreement between the parties, ie. there must be significant evidence that the parties genuinely entered into an agreement and this can usually be dealt with only by an agreement in writing
2. That the agreement was freely entered into by the parties so neither of them was subject to any undue influence or pressure to enter into the agreement
3. Both parties must be fully informed of the effect of the agreement and its implications
4. The agreement may be enforced unless in circumstances prevailing it would not be fair to hold the parties to their agreement

These are all issues about which detailed legal advice should be taken before entering into an agreement. One point to note is that as the agreement must be entered into without any undue pressure or influence and it is essential that the agreement is concluded well before the intended marriage. Family solicitor Andrew Stynes, says "We always recommend that we are instructed at least three months prior to the intended marriage in order that the agreement may be prepared and considered by both parties and their lawyers well before the date of the wedding. This is particularly important as it is usual for both parties to the marriage to have their mind on other things in the run up to the wedding." 

Our Family team based in Christchurch also cover Bournemouth, Poole and the New Forest. For a free initial chat, please call 01202 499255 and Andy or a member of the team will be happy to discuss any questions that you may have.