Pre-nuptial agreements
Pre-nuptial agreements can be utilised to set out clearly the intentions of a couple when embarking on a marriage, particularly with regard to financial matters. Although drawing up a pre-nuptial
agreement may not seem the most romantic of ideas, it can avoid the cost and stress of future dispute should things go wrong.
Currently pre-nups are not legally binding in the United
Kingdom. However, the Court can and has used its discretion to take pre-nuptial agreements into account following the breakdown of a marriage. Indeed, the recent Court of Appeal decision in Radmacher v Granatino [2009] EWCA Civ 649 has brought pre-nups closer to full recognition and enforceability. Lord Justice Thorpe, giving the opening speech, said that judges should give due weight to marital property regimes freely entered into in order to achieve fairness in proceedings.
Please contact our Maggie Kerrigan on 01702 349971 or by email at ckb@chennellssolicitors.co.uk who will be pleased to discuss matters with you.
