Pre-nuptial agreements (also called pre-marital agreements, or popularly pre-nups) are a sensible means of wealth protection before marriage. Talking about the financial implications of a potential break-up when you are planning a wedding must be handled sensitively. In our experience, the collaborative model provides the best way of structuring a discussion. Creative Divorce practitioners lead the way in their experience of managing the legal, financial and emotional implications of pre-nups and other spousal agreements.
Strictly speaking in England and Wales, pre-nuptial agreements are not legally binding, but the courts have moved the law as far as they can towards them being upheld, without an Act of Parliament. The present situation is that an agreement will be upheld so long as the couple enter into it freely and fully, understanding its implications, unless at the time a court looks at it, it would be unfair to hold the parties to their agreement.
It is usual practice for there to be financial disclosure from both parties at the start of the process, but the form that it takes and the timetable for providing it will be agreed between you, your fiancé(e) and your respective lawyers. Financial disclosure is a vital part of ensuring the agreement will be upheld if ever challenged in a court. Creative Divorce lawyers are London’s leading family lawyers and have years of experience in negotiating and drafting agreements involving complex financial circumstances. We can guide you through all the financial options and their implications for you, work towards an agreement with your fiancé(e) in a calm, sensitive and respectful way, whilst still protecting your financial position.