Pre-Nuptial agreements are not currently legally binding in England or Wales. However, a Judge is likely to consider and uphold a Pre-Nuptial agreement as long as certain safeguards have been met. These safeguards are there to not only protect both parties but also to make sure that the Pre-Nuptial agreement can be considered fair. If the agreement is too one-sided, (favouring one person over another) it is unlikely to stand up in court.
Recent cases show that many Pre-Nuptial agreements are being upheld. To give a Pre-Nuptial agreement the best chance of being upheld, the following safeguards should be met:
If the above safeguards are not met the Pre-Nuptial agreement is unlikely to be upheld by the courts. This is why it is important to talk to a professional to make sure you get the best advice.
When entering into a Pre-Nuptial agreement each party who is due to get married must carefully consider future eventualities that could impact on the fairness of an agreement – for instance, one partner having to give up their career to bring up children, the marriage lasting very many years, or any future joint business ventures together.