Pre Nuptial Agreements and Post Nuptial Agreements are very popular, particularly when one or both parties has acquired property in their sole name prior to the marriage, or one or both of the parties to the marriage are getting married for the second time and have children from previous relationships/marriages and also wish to protect their assets for their children (and grandchildren).
In this country, Pre-Nuptial Agreements are not currently legally binding. However, if there is an element of 'fairness' and both parties needs have been considered, and the agreement has been entered into at least 28 days in advance, there is financial disclosure and both parties have received separate legal advice, the agreement is likely to be considered enforceable if it is challenged at a later date.
In countries such as Spain, Italy and Latin America for example, Pre Nuptial Agreements are very common but the same requirements are not considered necessary for an agreement to be upheld.
If you have entered into a Pre-Nuptial Agreement abroad and have subsequently moved to England/Wales after the marriage, or indeed if you acquire assets abroad having already entered into a nuptial agreement, you should consider seeking legal advice from one of our specialist senior lawyers within our Family Team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.