In recent years, prenuptial agreements have become an increasingly popular way for couples to protect their assets in the event of divorce. However, in England, prenuptial agreements are not legally binding. In this article, we’ll explore the current state of English law on prenuptial agreements and explain what couples who are considering a prenuptial agreement should be aware of.
What is a prenuptial agreement?
A prenuptial agreement, or prenup for short, is a legal document that sets out how a couple’s assets and finances will be divided in the event of divorce. Prenuptial agreements are often used by couples who have significant assets, those who own business, or those who have children from a previous marriage.
In England, prenuptial agreements are not legally binding. This means that judges have the ultimate discretion to make financial orders based on what they believe is fair in the circumstances of each case.
Recent developments in English law on prenuptial agreements
While prenuptial agreements are not currently legally binding in England, recent developments in English law have made them more likely to be given weight by judges in divorce proceedings.
In a landmark case in 2010, Radmacher v Granatino, the Supreme Court held that prenuptial agreements should be given significant weight in divorce proceedings, provided that certain conditions are met. These conditions include that each party must have entered into the prenuptial agreement voluntarily, with a full understanding of its implications, and that the agreement must be fair in the circumstances.
Since the Radmacher case, prenuptial agreements have become more commonly used in England, and judges are increasingly likely to take them into account when making financial orders in divorce proceedings.
What couples considering a prenuptial agreement should be aware of
If you are considering a prenuptial agreement, there are several important things you should be aware of:
1. Prenuptial agreements are not legally binding in England.
2. Judges have the discretion to make financial orders based on what they believe is fair in the circumstances of each case.
3. Recent developments in English law mean that prenuptial agreements are more likely to be given weight by judges in divorce proceedings, provided that certain conditions are met.
4. To maximise the chances of a prenuptial agreement being given weight by a judge, it is important to seek legal advice and ensure that the agreement is entered into voluntarily, with a full understanding of its implications, and that it is fair in the circumstances.
Conclusion
While prenuptial agreements are not currently legally binding in England, recent developments in English law mean that they are more likely to be given weight by judges in divorce proceedings. This means that couples who are considering a prenuptial agreement should be aware of the conditions that must be met for it to be taken into account by a judge, and should seek legal advice to ensure that the agreement is entered into voluntarily, with a full understanding of its implications, and that it is fair in the circumstances.