Pre Nuptial agreements

Pre Nuptial agreements are becoming common in larger money cases where one or both parties wishes to protect their existing family assets from, in effect short marriages.

They are not as such binding on the courts but are a factor that the courts take into consideration.

The regulations are complex and need expert advice and include:

• Both parties have to have independent legal advice
• There has to be full disclosure of income and capital
• The agreement should not be entered into less than 21 days before the marriage
• Both parties must agree to enter into such an agreement

There must be no pressure from one party to the other or from a third party.

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