Pre-nuptial Agreement Case Study

By Head of Family Law Tracey Moloney

Client Situation

We advised our client, a prospective groom, who was planning to marry, about a Pre-nuptial agreement.

Our client had significant financial assets both liquid and invested. His total net worth exceeded £1.5 million. Our client and his new bride wanted to ensure that any assets they currently held in their sole name, would remain that way in the event of a breakdown of their marriage. They also wanted to agree that all marital assets held in joint names were to be shared equally.

Advised client on the validity and enforceability of a pre-nuptial agreement in order to achieve his wishes. Although a pre-nuptial agreement is not currently legally binding in England and Wales, a Supreme Court decision in 2010 established that Courts should give effect to a pre-nuptial agreement providing it is fair to hold both parties to their original agreement.

The factors included ensuring that there was no evidence of duress, fraud or misrepresentation and that both parties to the agreement took independent legal advice.

The Outcome

Pre-nuptial agreement completed and signed 21 days before the wedding day.
Annexed to the pre-nuptial agreement, a breakdown of each of the parties’ financial circumstances set out clearly in detailed schedules.

Client Testimonial “Just wanted to say a big thank you for turning the pre-nup around so quickly. We both appreciate the hard work and late nights that went in to finalising in such a short space of time”.