Pre Nuptial Agreements are not legally binding in the UK.

Pre-Nups, Post Nups and Pre-civil registration agreements cannot exclude the authority of the Court when dealing with financial issues when a marriage irretrievably breaks down.

When divorce arises the court has discretionary powers to distribute assets as the Judge sees is in the best interest of the parties/children/individual circumstances.

If you are not interested in sharing your assets equally with your partner on the breakdown of marriage then it would be in your best interests to enter into a pre nup or post nup agreement even if the agreement is not upheld by the Court.

The main point of principle established in the Supreme Court in Radmacher –v- Granatino in 2010 “The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement”.

At Sunrise Solicitors we will advise you accordingly as to the content of the pre-nup/post nup agreement.

Please contact us today if you are seeking further advice on pre-nup/post nup agreements.