A pre-nuptial agreement (also known as a prenup, prenuptial contract or pre-marriage agreement) is an agreement made by a couple before marriage or civil partnership that defines how property and other assets should be divided should they divorce or dissolve their civil partnership.

Our Specialist Family Solicitors draft pre-nuptial agreements that can be very persuasive in court as evidence of a considered agreement between the couple.

Pre-nuptial agreements are becoming increasingly accepted as binding in court, as they become more willing to accept that ‘decisive weight’ should be given to such agreements and enforce its terms.

The current criteria that the Court will look at when considering a Pre-Nuptial Agreement are:

• Did the party with most to lose understand it?
• Did he/she have independent legal advice?
• Was he/she under pressure to sign?
• Did the parties each make full disclosure of their financial circumstances before the documents were signed?
• Was there a time lag between the signing and the ceremony of at least 28 days?
• Would an injustice be done if the agreement is upheld?

At Lamb Brooks, we will emphasise the importance of both parties consulting their own solicitors in the drafting of a pre-nuptial agreement and that the document be drawn up by a family solicitor specialising in this field. Not following the correct procedure, or considering all the relevant factors could result in the agreement carrying no weight at all if challenged.

Entering into a pre-nuptial agreement needs to be approached with sensitivity and tact, but such an agreement can help save stress, protect your assets as well as providing some insurance against potentially costly litigation. The collaborative family process can be used as an effective way to agree terms and formalise a pre-nuptial agreement.