Our Caroline Payne writes for Living Edge.

Are Pre-Nuptial Agreements binding??

Pre-nuptial agreements are not binding, they are simply persuasive. They represent a quasi-presumption of intention between yourself and your partner. The Agreement is an additional factor that the Court will take into consideration when considering financial settlement between you and your partner, in the unfortunate event that your marriage breaks down.

So…why should I enter into a Pre-Nuptial Agreement?

There are certain formalities and safeguarding measures we can take in order to ensure that the Court holds as much weight to the agreement as possible. For example full disclosure of your financial positions before marriage, both parties seeking independent legal advice and the absence of any undue influence or pressure.

Neither of us have many assets….so what is the point?

A pre nuptial agreement can make provisions for any future success or inheritance either party may benefit from. This can be especially important to a person who has children and is entering into a new marriage or someone who’s parents are keen to ensure their wealth remains within the family.

Written by Caroline Payne. Email Caroline.