Prenuptial Agreements and Protection of Assets

Whilst Pre-nuptial Agreement prepared and signed prior to the marriage are not yet fully legally binding, the Courts in England and Wales are increasingly tending to accept that where such Agreements have been entered into they will be taken into consideration in the event of a marriage breakdown. This situation is strengthened by the recent decisions in the case of Radmacher v Granatino in which the current law on the unenforceability of prenuptial agreements was described as 'increasingly unrealistic' by Lord Justice Thorpe. The Supreme Court has further strengthened the law in their favour, but their enforceability remains highly dependant on individual circumstances.

The fact is that a high proportion of marriages end in divorce, and therefore it is advisable, particularly if there is a significant imbalance in assets between the parties, for a Pre-Nuptial Agreement setting out the basis upon which it is intended those assets will be dealt with in the event of a marriage breakdown.

Similar Agreements can be used for those wishing to enter into Civil Partnerships.

These matters are particularly relevant when parties are entering into second marriages, even more so when there are children.

We advise on the preparation of Agreements and their impact in conveyancing matters, Wills, and Tax planning .

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