Prenuptial Agreements in England are now often regarded as binding though the court retains discretion as to whether an agreement should be enforced.
Overall they must be fair regarding the provision for the economically weaker spouse, and that any dependent children are provided for.
The agreement can provide a code as to how you agree to manage your finances during the marriage. It can also specify what you expect to happen should either of you die. It is important to note, a pre-nup does not replace a Will which is required if you have wishes you would like carried out upon your death.
There is not a “standard” form of prenuptial agreement in England, because in English law marriage does not alter the ownership of property. This is unlike some countries, where marriage will create a “community of property” unless there is a prenuptial agreement.
Because the question of what is fair varies according to individual circumstances, prenuptial agreements have to be carefully drafted to fit those individual circumstances. Like any contract, the level of care and detail used upfront is well worth it if the pre-nup is required to settle a dispute later down the line.
In some cases a client will seek a pre-nup only a couple of weeks (or days) prior to their marriage. This is typically not enough time to draft a suitable agreement, but this does not mean an agreement can’t be created; instead Brookman can draft a post-nuptial agreement.
From our offices in London we are able to serve clients from the surrounding area including Godalming, Guildford and Woking. You can contact us at our central London office.
Or call us: +44 (0)20 7430 8470