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Pre-marital contracts (or pre-civil partnership contracts for same sex couples), sometimes known as 'prenups', are becoming more popular in this country, as they already are in many other European countries.

About Prenuptial Agreements

Whilst prenuptial agreements are, at present, not legally binding, the English courts will consider the contract along with all the other circumstances of the case, should there be a split in the future. In the light of recent case law, the court is placing more weight on prenuptial agreements, especially so in cases of divorcing couples who have no children and were only married a short time.

There are many reasons why a pre-marital contract may be a good idea for you:

  • To help give you peace of mind and predict the outcome of any divorce settlement before you marry
  • To save on the costs and the acrimony that sometimes result during divorce proceedings
  • To prevent speculative claims following a short marriage
  • To protect family assets which are intended to pass through generations
  • To protect those marrying later in life or for a second time, who may not have children
  • To limit the claims of a second spouse, and so protect the needs of children from previous marriages

Although there can be no attempt to restrict the court's powers, it is likely that, in future, prenuptial agreements and pre-marital contracts may have some legal force. At present, the court will consider the factors that affect the importance of such contracts, including whether the prenuptial agreement was made abroad, the length of the marriage, financial contributions made by each party, the provision made in the contract for the support of the spouse and any child, whether financial information was shared honestly when the agreement was signed and the parties' intentions at the time.

The team at Phillips is a dedicated team of family law specialists who can advise on pre-marital contracts and prenuptial agreements which can benefit you in the future.

We welcome informal telephone enquiries and all initial calls are handled by a member of the team so that the person best suited to your particular needs is identified from the start.

If you would like to know more about prenuptial agreements and our family lawyers in Basingstoke, Hampshire, please call us on 01256 460830.