“With all my worldly goods I thee endow…”
A prenuptial agreement is a form of “financial contract” entered into by parties prior to marriage as a mechanism for setting out how assets are to be divided should the relationship breakdown and divorce proceedings subsequently arise.
Historically, prenuptial agreements were not recognised in English law as they were deemed by many to be unromantic and based on the presumption that the relationship was ultimately going to fail. However, since the Supreme Court’s landmark decision in the case of Radmacher and Granatino in October 2010, where the terms of a prenuptial agreement entered into by the parties prior to marriage was upheld, legal and judicial opinion appears to be changing and for the first time prenuptial agreements have gained legal recognition within the English Courts.
The decision in the case of Radmacher and Granatino brings English law more inline with its European and American counterparts where prenuptial agreements are legally binding and act as a prerequisite for anyone wishing to enter into marriage whilst at the same time seeking to protect their assets should the relationship ultimately breakdown.
The decision appears to mirror the structure of today’s society where more parties cohabit or live independently prior to marriage thus acquiring many substantial assets in their sole name, which, due to the value and time involved in acquiring them, it is only fair and equitable to protect if parties decide to separate.
Blaser Mills Family Department offers a wide range of advice on family related matters and operates out of the firm’s offices at High Wycombe, Harrow, Aylesbury, Rickmansworth and Staines.
If you would like further advice in relation to prenuptial agreements or any other family law matter please send an enquiry to email@example.com confirming at which office you would like to be seen and a member of our family team will be in contact with you.