How do I get a pre-nuptial agreement?

Pre-nuptial agreements are agreements entered into prior to marriage designed to govern the financial consequences of the marriage coming to an end. Traditionally, they are not enforceable in the U.K. However, following the recent case of Radmacher v Granatino, it can be seen that they may be enforceable if the points set down in Radmacher are adhered to. Each party must enter into the agreement with free will and there must be no undue influence placed on either party. The Court will look at the emotional state of both parties entering into the agreement and whether the marriage would have gone ahead without the agreement. If one party stated that they would not enter into the marriage without the pre-nuptial agreement, this can be deemed to be undue influence. Both parties must be aware of the consequences of entering into the agreement, which include knowing and understanding how the finances are likely to be dealt with by a Court if the pre-nuptial agreement is not entered into, and both parties must have received independent legal advice in connection with all aspects of the agreement. It is also highly desirable for both parties to disclose their current financial situation to the other. This includes all assets, investments, property, savings, income and any other capital, as well as liabilities and financial responsibilities. An agreement drawn up by a solicitor after you have followed the above points should be given weight by the Court, provided it is fair and reasonable. No agreement can oust the Court’s jurisdiction to make a financial order on divorce. The agreement is more likely to be seen as fair if it deals with assets in existence at the time it is made but does not attempt to divide future assets. An agreement will also not be adhered to by the Court if it prejudices any children.

Back to Family

  Profiles      Reviews        Recruitment        Notices & Disclaimer        Copyright        Contact        Site Map  

Davies is the trading name of Davies Solicitors Limited (registration number 5699025). The registered office address is 30 Woollards Lane, Great Shelford, Cambridge CB22 5LZ,
and Richard Davies is the Director. We are regulated by the Solicitors Regulations Authority (reference number 439685).
We do not accept service by fax or by e-mail unless otherwise agreed.