Prenuptial / Pre-Civil 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 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 specialist team of family lawyers, recommend by Tier 1 Legal 500 and including Resolution Accredited Specialists and members of the Law Society’s Family Panel have significant experience in drafting pre-nuptial and 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 act as an insurance policy to provide peace of mind and security.

Here at Pinney Talfourd, our family lawyers 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 was 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