Since the Supreme Court ruling in the case of Radmacher v Granatino in October 2010, pre-nuptial agreements, or pre-nups, have been given greater legal weight, although the final outcome of a Law Commission consultation on the issue is still awaited.
Such agreements are often associated with wealthy or celebrity couples, but pre-nups are becoming increasingly relevant for many more people when they marry or enter a civil partnership.
Entering into such an agreement is a significant step and at Mackrell Turner Garrett, our Family Law specialists in central London and Surrey can provide the independent, expert legal advice essential to anyone considering a pre-nuptial or pre-partnership agreement.
Putting in place such an agreement is an individual decision for each couple but they may be particularly relevant when people marry or enter a civil partnership later in life or approaching a second marriage or civil partnership, when they are likely to have more individual assets that they may wish to keep outside the marital “pot” of shared property and wealth that could be divided on a 50-50 basis if the relationship breaks down.
If there are children from a previous marriage or relationship, the children’s parent may well want to make sure that any money or property they have at the time of the marriage is preserved for those children, rather than going to their new partner in the event of divorce or dissolution of the relationship.
Where couples have already married or entered a civil partnership without entering into such an agreement, we can also advise on drawing up a post-nuptial or post-partnership agreement, setting out their financial arrangements in the event of the relationship breaking down.
As a couple’s circumstances also change throughout their relationship, whether through the arrival of children or inheriting wealth, it is advisable to keep any agreements under review, and we can also advise on this.
Our Family Law specialists include:
For more information on our Family Law services in central London and Surrey, please contact us.