Such agreements are becoming more common, particularly for those bringing significant assets into a relationship. They set out the way prospective couples will hold their assets during their marriage and attempt to define what will happen to these assets should the marriage fail. Such Agreements may be binding and they will be of material consideration should the Court have to decide upon financial arrangements.

SUPREME COURT RULING - 20th OCTOBER 2010

Nuptial Agreements

The Supreme Court has given it's Judgment on the Appeal in Radmacher and Granatino.

By a majority decision of eight to one, the Supreme Court have indicated that in certain circumstances pre (and as a consequense ante) nuptial settlements may be binding.  The key element for consideration will be:-

a)  To ensure that appropriate full and frank financial disclosure has occurred.

b)  That both parties have had or have sought independent legal advice.

c)  The Agreement is not executed so close to the marriage to give rise to a presumption of unnecessary pressure.

It is likely that Pre-Nuptial Agreements will become increasingly popular, particularly in the case of second marriages, and should not necessarily be considered the preserve of the very wealthy.

Tim Guppy and Tracey Parsons of our specialist Family Team already have experience in dealing with Pre-Nuptial Agreements and would be delighted to advise further.