We are seeing an increase in the number of people wanting to have a prenuptial agreement especially amongst those who are embarking on a second or third marriage. The Courts are increasingly giving consideration to prenuptial agreements in divorce proceedings and this has been supported further in a recent landmark case.
A prenuptial agreement is a contract between a couple who intend to marry. The agreement sets out each other’s financial situation in detail and describes what financial arrangements should be made if they eventually divorce. However, this agreement can be overturned if the couple go on to have children or if their circumstances fundamentally change.
The English Courts will not allow a pre-nuptial agreement to replace the authority of a divorce Judge. However, if the marriage is short-lived and childless then the Judge will almost certainly take into consideration the intentions of the parties, reflected within the prenuptial document.