Prenuptial agreements aren’t legally binding in the UK. However, the Court won’t dismiss them either.
In the event that there is a disagreement over money or property and you seek a financial settlement from the divorce in Court, the judge will consider any prenuptial agreement you are both party to. The judge will consider factors such as:
- Did you both understand the implications of the agreement?
- Did you both enter the agreement voluntarily?
- Was there full disclosure of assets and/or other liabilities from both parties?
- Are the terms of the agreement fair?
If you answer yes to all of these questions, there is a good chance that the Court will uphold your prenuptial agreement.
As well as the above, the correct process must be followed and both parties must have obtained independent legal advice from a family law solicitor.
Carrying out all of the following steps will help your prenuptial to be upheld in Court:
- Your prenuptial agreement is drafted by a qualified solicitor.
- Both parties seek independent advice from separate solicitors.
- Both solicitors confirm the agreement was entered into freely and that all parties understand its contents.
- All assets are fully disclosed by both parties.
- The prenuptial agreement is signed at least 28 days before the date of your wedding.*
*Your agreement must be signed at least 28 days before the date of your wedding, ideally as far in advance as possible. This not only allows for a ‘cooling-off period’, but makes it clear to the Court that no last-minute pressure was applied to either party.
At Birchall Blackburn Law our expert team of family law solicitors have the experience and technical knowledge that places us at the forefront of the area of family law. We use our expertise in negotiation, Court applications and hearings to get the best possible result for you.
Birchall Blackburn Law offers a free 20-minute initial consultation, as well as a fixed-fee initial appointment during which we will address your individual circumstances. To make an enquiry, call us on 0800 614 722 or send an email to [email protected].
