These agreements are designed to set out what should happen - especially about money and property - if your marriage or civil partnership ends. This may be the last thing on your mind when you are organising your wedding or celebration, and may seem to show a lack of confidence in the future. However, it is worth considering, especially if there is a significant difference in your financial positions and if you have no children.
It is important to remember that under English law pre-nuptial and pre-registration agreements are not binding, but they are good evidence of the intentions of both of you at the time. Whoever wants to depart from the agreement has to show why this should be done.
For the court to take a pre-nuptial or pre-registration agreement into account you have to show that:
- you both had independent legal advice
- you both disclosed fully and frankly to each other the details of your financial position
- neither of you has been pressured to enter into the pre-nuptial or pre-registration agreement (this usually means you should both have had plenty of time to decide what to do, and that you sign any pre-nuptial or pre-registration agreement at least three weeks before your wedding or civil registration)
If you want to discuss this further, please contact Nicola Harmon.
