The case of Radmacher in 2010 represented a substantial change in the law in relation to the enforcement of Prenuptial Agreements in England and Wales.
It is now much more likely a Prenuptial Agreement will be upheld provided that the following criteria are met.
- Both parties have taken independent legal advice.
- There has been a full and frank disclosure of financial circumstances.
- Neither party was under duress.
- A sufficient period of time has elapsed from signing the agreement to the date of the marriage.
- The agreement does not prejudice the reasonable requirements of any children of the family.
- The terms of the agreement are fair in the circumstances.
At Prince Family Law our lawyers have substantial experience of drafting Prenuptial Agreements and have dealt with Prenuptial Agreements where the assets exceed £100,000.000. It is imperative, prior to contemplating marriage, to seek legal advice to ensure your assets, in the unlikely event of divorce, are protected.
If you are already married and wish to discuss entering into a Postnuptial Agreement the principles are the same as a Premarital Agreement and advice can be offered on this.
Premarital and Postnuptial Agreements are not just for the wealthy and anyone who wishes to preserve their assets and avoid possible litigation on divorce should seek advice upon a Prenuptial Agreement with their future or current spouse.