Pre Nuptial and Pre Civil Partnership Agreements

Each party to a marriage or civil partnership has the right to make claims in the event of a divorce or dissolution for financial relief. Some couples want to try to avoid the need for potentially costly and lengthy court proceedings in the event of a relationship breakdown by entering into a Pre Nuptial Agreement or Pre Civil Partnership Agreement.

Many couples' financial situations are complex, whether because they have been married before, have children from a previous relationship or have inherited wealth or wealth built up prior to the marriage.

Our expert team of family lawyers can advise regarding Pre Nuptial or Pre Pre Civil Partnership Agreements to set out what the parties agree should happen to their finances in the event of a relationship breakdown. That may include division of property and maintenance provision.

Pre Nuptial or Pre Civil Partnership Agreements cannot, as the law currently stands, prevent either party making an application to the court in future proceedings, however they are a factor the court can consider and are increasingly being upheld by the courts provided they are fair.

The Pre Nuptial or Pre Civil Partnership Agreements acts as an insurance policy to provide peace of mind and security.

We recommend that the following factors should be present in a Pre Nuptial or Pre Civil Partnership Agreement in order to have the best chance of it being upheld in any future proceedings:

Both parties take independent legal advice;
The agreement entered into at least 21 days before the wedding;
No pressure applied to either party to enter into the agreement;
Full disclosure of the parties' respective financial positions with documentary evidence provided;
Provision made for any children of the family born either prior to or during the marriage;
The terms of the agreement are fair.

We recommend that you speak to a member of the Pinney Talfourd Family Team for advice as to the benefits of entering into a Pre Nuptial or Pre Civil Partnership Agreement.