For richer, For poorer?

For many couples in the UK, the idea of discussing a pre-nuptial agreement before their marriage is unromantic and many consider that it is tantamount to saying that the marriage is bound to fail.

In the U.S. however there are no such qualms and in many European countries couples must choose under which property regime they intend to marry and are, therefore, used to considering future asset division at the point of marriage.

With people in the UK now marrying later, and therefore being more likely to have their own properties, investments etc., pre-nuptial agreements are becoming more common.

Pre-nuptial agreements are still not legally binding on UK courts but recent case law suggests that the Courts will take into account any pre-nuptial agreement when determining the division of assets on divorce.

If couples freely enter a pre-marital agreement with a full appreciation of its implications then the Court will look to uphold those agreements, unless it would be unfair to do so. There are no absolute rules or steps that must be taken but there are certain factors that will come into play, in the event that the agreement is ever contested, such as the provision of legal advice and whether there has been financial disclosure between the parties.

In addition, for those couples who have married abroad under different property regimes, entered pre-nuptial agreements abroad or who are likely to live in different jurisdictions during the course of their marriage, specialist advice will be required as regards the status or security of those agreements, should divorce proceedings take place in the UK.

Whether a party wishes to argue against being bound by the terms of a pre-nuptial agreement or wishes to suggest that an agreement should be upheld, expert advice will be needed.