Prenuptial Agreements

Prenuptial agreements are know by many different names including; a prenuptial, a prenup, a prenup agreement or even the mis-spelt "prenuptial agreement". By whatever name they are called they perform the same role. Essentiality they are a contract entered into by a couple who are planning to marry. In this contract the couple agree what will happen to their shared assets, such as houses, cars and businesses in the event of a divorce.

Historically prenuptial agreements were connected with the wealthy, however with the divorce rate being so high (1 in 3 marriages are now unlikely to survive), prenup agreements are becoming increasingly in demand by couples on average incomes. The security in knowing that should the relationship fail no further distress will be caused through financial worries seems to be the main factor in the rising number of prenup agreements.

UK Courts have a different relationship with prenuptial agreements than most of the world, only recently recognising them at all, and even then only willing to apply certain parts of the agreement as they see fit.

This is changing following the case  of Radmacher (formerly Grantino) v Grantino.

Also known as NG v KR (prenuptial contract), in this case the Court of Appeal decided that the judges should treat the pre-nuptial agreements as the decisive element. They followed this up by requesting that legislation should be drafted to reform the law so that a prenuptial agreement should form the basis of an award.

Currently then, prenuptial agreements in the UK are not legally enforceable, they are increasingly coming to have a major bearing on the courts decision regarding any awards made in a divorce. The persuasiveness of the agreement is dependent on how fair and reasonable it is deemed to be. If your agreement is drawn up by an expert divorce lawyer, such as those at Family Law Leicester, then they will be able to draft terms they know will be positively looked upon by the courts and judges, and thus be reflected in the final outcome.

For more on prenuptial agreements and how the might benefit you, phone on 01163 261 957, email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . or go here online enquiry form. We look forward to hearing from you.