Pre-Nuptial Agreement

The Enforcements of Pre-Nuptial Agreements 

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The traditional position of the courts in England and Wales is that pre-nuptial agreements are not enforceable; but merely persuasive.

 

Negotiating and Drafting a Pre-Nuptial Agreement 

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From the case law, if you can show that the following steps were taken you are likely to be able to persuade the Court to consider the to be

 

• the parties have confirmed that they have received independent legal (and, if possible, ac-countancy) advice prior to entering into the agreement. Ideally the parties should confirm in the PNA that they intend to enter into a legally binding contract. It is also best practice for the solicitor advising the client in relation to a PNA to include a certificate of competen-cy into the agreement, in acknowledgement that they have the relevant expertise to ad-vise on this area of

• the law;

• there should be a minimum time for reflection, e.g. 28 days; prior to the wedding;

• the parties have fully and frankly disclosed to each other their means and relevant circum-stances, which should be set out, in a schedule as an attachment to the PNA;

• clarification should be provided in relation to who would have control of assets acquired by either party prior to the marriage and furthermore how jointly acquired property should be divided;

• provision for triggering events occurring i.e. the birth of a child, where the PNA is to be re-viewed.

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kellygrigg@richardnelsonllp.co.uk

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