Pre-Nuptial Agreements - A Fresh Start?

Pre Nups

If you are planning your wedding, or getting ready to move in with a partner, the last thing you want to think about is the possibility of splitting up. It hardly sits well with the idea of the fairy tale wedding and lover everlasting. However, just as you buy home insurance and hope you won’t be burgled, it makes sense to consider a pre-nup or cohabitation agreement, even though you hope that you will never need it.

Both pre-nuptial agreements and cohabitation agreements are becoming increasingly common and have just been given a boost by the Supreme Court in their judgment in the landmark case of Radmacher v Granatino, which was handed down on 20th October 2010.

The Supreme Court upheld the wife’s contention that the parties should be held to the terms of their pre-nup. This is not an absolute rule: the court will always consider whether it is fair to hold couples to the terms of an agreement, and that changes in circumstances such as the birth of children will also have to be considered, however this is a clear indication that a pre-nuptial agreement will not lightly be ignored or disregarded.

The court also gave a strong indication that post-nuptial agreements would also be given significant weight, and that while this particular case concerned a marriage, the same would apply to couples in a civil partnership.

Discussing attitudes and expectations about finances with your partner in advance can help reduce the likelihood of falling out over those issues in the future, and if the worst happens, having a pre-nup can significantly reduce the cost and stress of a divorce, and can allow you to have a clear idea of where you would stand in such an event.

Contact Marjorie Taylor on 01761 417575 or Andrea Boutcher on 01373 463311 for more information or help.

Read more on Radmacher V Granatino here:

Full judgement available here: