Marriage & Pre-Nuptial Agreements

Legal Implications

Marriage is not only an emotional and sometimes religious union but also a legal contract. Couples should be aware of the legal ramifications of marriage, or civil partnerships, and the impact upon such matters as-:

• bank accounts
• property
• investments and savings
• debts
• wills

Action can be taken by way of a pre-nuptial agreement (or pre-civil partnership agreement) which can help reduce conflict at a later stage should couples decide to separate and/or divorce.

Pre-Nuptial Agreements

Whilst pre-nuptial agreements remain unenforceable in English courts they are becoming increasingly popular as couples seek to protect the assets they take into a marriage and the courts take ever more notice of the arrangements contained within a pre-marital agreement.

The extent to which courts will take note of the arrangements within a pre-nuptial agreement will depend upon a number of issues including the length of the marriage (the longer the marriage the less influence the pre-nuptial will have on any decision) and any significant changes since the marriage, such as the birth of any children.

Pre-nuptial agreements not only seek to protect assets during a marriage but can also guide other issues such as the religion or education of any children. However, arrangements relating to the custody of children contained in a pre-nuptial are likely to have little bearing on the decision of the Court in a residence/contact hearing. To ensure that there can be no accusation of coercion or last minute pressure any pre-marital agreement should be completed by each party using independent solicitors and the agreement being signed at least 21 days before the wedding.

With the introduction of Civil Partnerships same sex couples can have similar arrangements known as Pre-Civil Partnership Agreements.

Many couples do not enter into a pre-nuptial agreement before the wedding either because they do not wish to add to the pre-marital tension or simply because they don’t have the time. In these cases post nuptial agreements have been introduced. These cover the same ground as pre-nuptials but are entered into once the honeymoon is over.

Therefore whilst pre-nuptial agreements are not yet recognised in English law they do seem to be carrying more weight in the minds of Judges, and should therefore be considered by all those getting married.

Article - Pre Nuptial Agreements

For further information relating to pre-nuptial agreements please contact Clare Ellison (clareellison@hhlegal.co.uk) or Sinead Connolly(sineadconnolly@hhlegal.co.uk) on 0800 371 407.