Formerly the preserve of the cautious wealthy, the judicial attitude to these agreements has changed following the Supreme Court decision in Radmacher v Granatino (October 2010).
What am I entitled to?
Whilst there is still no statutory provision upholding such arrangements it is clear that prenuptial agreements are gaining ground and their terms will, in certain circumstances, be upheld by the court in deciding any subsequent claim made.
It is vital that both sides to prenuptial agreements have full advice from independent solicitors and full disclosure of the other party’s assets and income before they commit themselves. Such agreements are hard to negotiate as effectively one tries to cater for all scenarios that may evolve in the future of the relationship.
These agreements must not be rushed, must be considered a long time before the wedding invitations are sent out and above all must be fair to both sides.
Contact our Family & Divorce Team on 0207 228 0017.