Do you need a pre-nuptial agreement? They’re not very romantic; and you trust one another.
But you take out health insurance in case you might need it – hoping for the best, but having a safety net in place just in case. A pre-nuptial agreement is very similar.
Are they binding? Pre-nuptial agreements are not binding in English law as contracts. The Court will always have the discretion to review your agreement.
BUT there is every likelihood that the Court will uphold a pre-nuptial agreement if:
- It is negotiated between independent lawyers; and
- You have each given sufficient disclosure of your finances; and
- The signing is not so close to the wedding that you feel that you have no choice but to sign, otherwise the wedding won’t go ahead; and
- The provision which it makes for you and your future spouse on divorce is fair
A pre-nuptial agreement is the best insurance you can have that, if things don’t work out as you hope, you’ve got the maximum chance of extracting yourself with the minimum fuss.
With Direct Access, you can now go directly to a leading family law QC specialising in divorce to discuss and draft your pre-nuptial agreement. To read more about what Direct Access is click here.
If you want to see whether your case may be suitable for direct access, telephone the clerks on 0207 797 7837 or click here.