Prenuptial Agreements Whilst a Prenuptial Agreement is not something you first think about when organising your wedding, more and more couples are investing in them. It may not seem to be the most romantic thing to consider but the sad reality is that many marriages and civil partnerships do come to an end and having a Prenuptial Agreement in place can avoid the time, expense and animosity that can occur when a relationship breaks down. What is a prenup? A Prenuptial Agreement is commonly referred to as a Prenup. A Prenup is a written contract prepared before entering into marriage (or a civil partnership). The agreement allows you to set out what should happen if your marriage (or civil partnership) breaks down. The Prenup is tailored to your particular requirements and usually addresses the distribution of property, capital, income and pensions and may protect any items that you have inherited and would like to keep in your family. Prenups are used not only by the rich and famous but also by people who are getting together later in life, have no children or where there is an imbalance in the wealth of those tying the knot. Will it work? Currently Prenups are unenforceable in English Law but if drafted correctly they can often be used as a persuasive document in Court which could have a significant impact on the outcome. In October 2010 the case of Radmacher v Granatino shows that British Courts are willing to take account of Prenups, even if they cannot be bound by them, so long as they have been drafted correctly, both parties have taken independent legal advice and both have been honest about their respective financial situations. It is imperative that couples seek legal advice when creating a Prenuptial Agreement to ensure that the Court will take the provisions of that Agreement into account if the marriage or civil partnership ends in separation. Our specialist family lawyers can help and advise on how best to achieve this and ensure that all of the criteria that the Court will look at when considering the Prenuptial Agreement have been complied with. | 
