Prenuptial or Premarital agreements

This is an agreement which partners can enter into before they are married to set out their agreement about what will happen with regard to finances and children in the event that the relationship breaks down. The courts in this country have had a changing view of the value and enforceability of these agreements. However where they are properly drafted and fair and both partners have received legal advice before signing them, prenuptial agreements will usually be held to be enforceable. At the very least they are always treated as “a relevant circumstance” which should be taken into account. A recent law commission repeal has recommended that an act of Parliament is made to ratify prenuptial and premarital agreements, so long as they comply with certain conditions and both partners receive legal advice. If therefore you are planning to get married, particularly where there is an unequal financial contribution from each partner, you should consider having a prenuptial agreement. Jacky Lewis can assist you in negotiating the terms of any agreement and can draft an agreement for you.