A prenuptial agreement is a contract entered into prior to marriage or a civil partnership. It is entered into by the two people intending to marry each other. The content of a prenuptial agreement can vary widely, but normally includes provisions for dividing property, assets and money in the event of divorce or breakup of marriage.
Prenuptial agreements however are not automatically enforceable in a court of law in England & Wales. Following the well publicised case of Radmacher, however the judges agreed that a prenuptial agreement could have decisive or compelling weight when deciding how assets are to be divided after separation or divorce. This was followed by the case of Z-v-Z where, again, a pre-nuptial agreement altered the outcome of the financial split. The courts however still have the power to waive any prenuptial agreement especially when it is unfair to any child of the marriage.
Here at Curwens we are able to offer you advice and guidance about entering into a prenuptial agreement, we are also able to draft the agreement for you. In our opinion it is better to have a pre-nuptial agreement than not to have one as it provides evidence of your intentions with respect to the division of your assets in the event of a separation or divorce. Please feel free to contact us if you require any further information.
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