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Pre & Post Nuptial Agreements

Pre & Post Nuptial Agreements

The recent Law Commission report has recommended that prenuptial and premarital agreements should be legally binding on divorce. However this is qualified by the recommendation that they will only be legally binding after the needs of the separating couple and any children have been taken into account.

The Law Commission have also set out the requirements that prenups would need in order to become legally binding which include:

  1. Full disclosure of financial circumstances of both parties at the time of signing
  2. Both parties to take independent legal advice on the agreement
  3. A further restriction, under the commission's proposals, is that agreements would only be enforceable "after both partner's financial needs, and any financial responsibilities towards children, have been met"

We can advise you and guide you through this process in a thoughtful and considerate matter as your wedding approaches, or indeed after the event. For those seeking a more informal relationship, a cohabitation agreement entered into at the beginning of your relationship might be appropriate.