As experts in the field of family law, we recognise that it is becoming increasingly common for couples to seek to put in place (prior to their marriage) a framework which deals with the division of their assets (and liabilities) in the event that the marriage fails. Often this is an attractive option for those entering a second marriage, or those with inherited/family wealth, anxious to protect that legacy for future generations.
Historically, prenuptial agreements were considered contrary to public policy. However, a landmark case in the Supreme Court in 2010 has changed the perception of the English Court. It is now the case that an agreement will be upheld if its terms are fair and it was freely entered into with both parties fully understanding its impact.
Pre and post-nuptial agreements are a relevant and important consideration for the Court.
We can assist with the drafting of these agreements or advise in relation to their enforceability in the event of relationship breakdown.