A prenuptial agreement is a formal agreement that couples enter into before getting married to specify how their finances and assets will be divided should the marriage break down. Such an agreement is unenforceable in the English Courts as it is their policy not to recognise them in the interest of protecting the party in the weakest position, either financially or otherwise. However, you may still choose to enter into an agreement as it may carry some weight with the Court in the event of your separation as it shows evidence of your long term intention when entering into a marriage.
If your marriage does break down you need to make sure that the prenuptial agreement you have in place will carry as much weight as possible with the Court. This means that the terms of the agreement should be implemented when certain criteria are met. Some such criteria include that the court must, at the time of the separation, be in a position to find that:
To find out more about Prenuptial Agreements please call 01924 291122 or email Richard Bannister
