Pre-nuptial agreements

These agreements have now been given approval from the Supreme Court following the recent decision in Radmacher v Granatino (October 2010). Whilst there is still no statutory provision upholding such arrangements it is clear that they are gaining ground and their terms will, in certain circumstances, be upheld by the court in deciding any subsequent claim made. Indeed the Law Commission are currently consulting and there may be a Parliamentary Bill produced next year.

It is vital that both sides to a pre-nuptial agreement have full advice from independent solicitors and full disclosure of the other party’s assets and income before they commit themselves. Such agreements are hard to negotiate as effectively one tries to cater for all scenarios that may evolve in the future of the relationship.

These agreements must not be rushed, must be considered a long time before the wedding invitations are sent out and above all must be fair to both sides. We can advise you on these agreements.