Nuptial agreements are agreements which seek to regulate the distribution of assets upon the breakdown of a marriage or civil partnership. They can be made before or after two people marry or enter into a civil partnership.
Whilst nuptial agreements are gaining momentum and ‘weight’ within the courts they are not as yet binding in England and Wales and the court retains its discretion to divide the parties’ assets in accordance with what is ‘fair’. However, where an agreement has been suitably prepared and both parties have received legal advice upon the terms of the agreement, this can form an overriding factor for the court to consider when deciding what is ‘fair’ when dividing the assets of a marriage upon its conclusion.
Nuptial agreements are particularly popular amongst those who are marrying for a second time and wish to protect assets from their first marriage such as property. Equally they can be useful as a means of offering some protection for family wealth (such as a family business or trust) by defining these as non-marital assets that the parties do not seek to distribute upon divorce or dissolution – In essence, ‘ring-fencing’ them from the matrimonial pot.
If you are considering marriage and wish to enter into a nuptial agreement, our family team can assist by advising and preparing an agreement that not only complies with the requirements for nuptial agreements passed down by the courts, but will also provide you with the security, as far as the law allows, to meet your expectations and wishes on the distribution of finances if the marriage or civil partnership were to break down.
We offer advice on:
- Nuptial agreements;
- The enforceability of nuptial agreements;
- The enforceability of foreign nuptial agreements in England and Wales.