In America, pre-nuptial agreements are common within marriages, particularly those involving the rich and famous. However, within the UK at present, such agreements are not legally binding – although this could change.
Although not considered to be overly romantic, pre-nuptial agreements have been used to reduce disputes during a divorce; and the Law Commission have recently suggested that such agreements should be given legal force.
According to a report by the Commission, legislation should be introduced which will enable pre and post-nuptial agreements become “enforceable contracts, not subject to the scrutiny of the courts, which would enable couples to make binding arrangements about the financial consequences of divorce or dissolution”.
However, the Commission within their report did also state that for the agreement to be considered a “qualifying” nuptial agreement, certain procedural safeguards would need to be met.
Whilst the proposals have been outlined to make such agreements legally binding, they are taken into consideration by a judge and will be strong evidence of your intentions at the outset, which is why, for any couple looking to sign such an agreement, our family law solicitors in Lincoln can assist.
Our family law solicitors are experienced in handling pre-nuptial agreement cases, and through our experience, we will ensure that you consider all the options and structure an agreement that gives you the maximum chance of your agreement standing the test of time.
If you would like to know more about pre-nuptial agreements, or are considering signing such an agreement, at Diane Genders Solicitors, we would be pleased to offer a free consultation to help you decide whether forming an agreement is the right course for you and your relationship.