Pre and Post Nuptial Agreements

We are increasingly asked to advise with respect to the preparation of pre-nuptial and post-nuptial agreements. Whilst at present these agreements are not necessarily binding upon a court in the event of divorce (although they are a factor to be taken into account), the Law Commission has recently published proposals to the effect that, subject to certain conditions being met, they may indeed become binding. This is therefore a fast changing area of the law.

We advise clients in relation to the drafting of both prenuptial and post-nuptial agreements and their likely enforceability. We are seeing an increasing demand for these agreements, as clients wish to provide for a greater degree of certainty and fairness should the marriage break down, particularly where one party is bringing in substantial assets or family resources to the marriage.

We are acutely conscious of the need for sensitivity and tact in assisting clients with such agreements, and seek to assist clients in such a way as to enable them to agree arrangements in a positive, supportive way, mindful of the fact that clients very much hope that the agreement will not need to be relied upon. If a couple is considering entering into such an agreement, financial disclosure and timely, independent legal advice for both parties to such agreements is vital.

For further information, please contact our Family Law team at our Chichester office on 01243 787899.