We provide expert advice to help you prepare a formal agreement that sets out what would happen in the event of the marriage breaking down and what should happen to assets owned prior to marriage and accrued during the marriage. These agreements in certain situations have been held to be binding upon the parties. This is currently a rapidly developing area of law with frequent new decisions being issued by the Courts. As a wholly specialist family law firm, Goodwins keeps abreast of the latest developments in pre-nuptial contracts and can always offer the most up-to-date advice.
Pre-nuptial agreements are drafted for those who want a formal agreement before they marry, setting out what will happen to their property and assets in the even of a separation and divorce.
This is an area of law where it is particularly important to have expert advice. At present in England and Wales, pre-nuptial contracts are not regarded by the Courts as automatically binding. However, where the agreements have been negotiated with the benefit of independent legal advice for each party and where there is full disclosure of means, pre-nuptial agreements are increasingly influential on the Court’s decisions. It is important to draft any pre-nuptial contract well before the marriage to avoid the kind of emotional pressures that can result when agreements are negotiated too close to the wedding day and to increase the prospects of the agreement being upheld. The Court generally, when considering whether to uphold in whole or part a pre-nuptial agreement, will look at all the circumstances of the case including the background and circumstances that led to the making of the agreement.
Is a pre-nuptial agreement right for you? Call Goodwins Family Law on 020 8423 3525 to speak to our experts.