Introduction to pre-nuptial agreements (prenups)
Vardags made history in 2010 as the landslide victors in the Supreme Court case of Radmacher v Granatino which changed the law on pre-nuptial agreements in England and Wales so that they are now enforceable unless unfair. Huge payouts and unpredictability have made England the “divorce capital of the world”. In that climate of tension for couples, some have been discouraged from marrying because of financial exposure. Others fear the acrimony of a messy fight over money and want to try to make sure that, if things do not work out, they can resolve matters in a pre-agreed amicable manner. The best solution for reducing uncertainty and risk is a pre-nuptial agreement. The zeitgeist has changed so that pre-nuptial agreements are, as has long been the tradition in the rich or aristocratic families of Europe, becoming common among couples in England in recognition of mutual autonomy and a desire to avoid the unpredictability, pain and cost of litigation. For more details please see our guide to prenuptial agreements (prenups).
How Vardags can help with pre-nuptial agreements (prenups)
Vardags are a top family law firm for pre-nuptial agreements. Arranging a pre-nuptial agreement can be relatively quick, but it is important that it is completed well in advance of a wedding so that the parties have plenty of time to consider what is appropriate for them. If you are planning to get married and wish to protect your wealth or ensure that you are adequately provided for by your wealthier spouse in the event of separation or divorce, a pre-nuptial agreement should be considered as one of your earliest priorities. The process is delicate and should be diplomatically and respectfully handled without losing sight of the marriage that it is designed to facilitate. It involves disclosure of each party’s finances and detailed discussions about what would be considered a fair outcome in the event of divorce. Careful judgement has to be exercised and sometimes delicate structuring put in place to maximise the “future-proofing” of the agreement. It is critical for both parties to take legal advice to improve the likelihood of such an agreement being upheld. Ordinarily, one party will instruct solicitors to prepare a draft of the agreement which will be sent to their partner so that they can then obtain legal advice of their own. The terms of the agreement will then be negotiated if necessary. We provide each of our clients with bespoke advice in relation to the agreement that is right for them, whether they be the wealthier party or the party requiring financial provision. Therefore, if you or your fiancé wish to enter into a pre-nuptial agreement, you should come to see us as a first port of call. Equally, we may also be instructed to conduct a review an existing agreements enforceability.
The first step is to arrange a meeting with one of our solicitors. Therefore, please call us on 020 7404 9390 or email us to make an appointment to come and see us.