A prenuptial or pre-civil partnership agreement is an agreement entered into by a couple before their marriage or civil partnership which seeks to regulate what should happen to their income and assets in the event of the breakdown of their relationship.
Prenuptial, pre-civil partnership and post-nuptial agreements are not automatically binding under English Law but will be given considerable weight by the court upon divorce or dissolution subject to certain safeguards being followed. Such agreements are binding in many European countries and US states.
Prenuptial agreements are particularly useful in the case of short marriages or cases where there are no children, or where one party is significantly richer than the other. Prenuptial agreements are increasingly used in second marriages.
Many people feel that the idea of a prenuptial agreement is not very romantic. Or that it is the sort of thing that only the rich and famous do. However a prenuptial agreement or pre-civil partnership agreement can be invaluable in the resolution of disputes arising on relationship breakdown. It is best to regard a prenuptial agreement as an insurance policy - hopefully it will not be required but it is better to have one.
The collaborative law process, where the parties and their solicitors try to resolve matters by roundtable meetings, is especially well suited to the drawing up of prenuptial and pre-civil partnership agreements. Anthony Gold was at the forefront of establishing collaborative law in England and our Family law team has five collaborative lawyers.
If you have already married or registered a civil partnership and you wish to regulate your financial affairs with your spouse or partner, you can enter into a postnuptial agreement. As case law stands at present, it is even more likely to be regarded as binding than a prenuptial agreement.
If you are considering entering into any of these agreements it is essential that you and your partner both take independent legal advice. You will both be asked to provide details of your finances. The terms of your prenuptial agreement or pre-civil partnership agreement must be finalised in good time in advance of your marriage or registration ceremony.
