Is there a nuptial agreement?

Understanding Nuptial Agreements in UK Divorce Law

When making a financial settlement, the family court will first consider whether there is a valid nuptial agreement in place which sets out how the assets should be retained/shared. This is because nuptial agreements make provisions for the splitting of a couple’s assets and income instead of allowing the divorce court to exercise its full discretion in determining how the wealth should be apportioned. 

Since Vardags won the landmark Supreme Court case, Radmacher v Granatino, prenuptial agreements have had a new and important status in matrimonial law, and if you have freely entered into one it is likely you will be bound by it if you divorce.

What is a nuptial agreement?

A nuptial agreement is a legal agreement between spouses or partners that outlines how their financial affairs will be handled in the event of divorce.

There are two types:

• Prenuptial Agreement (Prenup) – A prenuptial (or ante nuptial) agreement is a formally written agreement that both parties to a marriage enter into (importantly in good time) before the ceremony.
• Postnuptial Agreement (Postnup) – Similarly, a postnuptial agreement is also a formally written agreement, outlining what should happen if the marriage irretrievably breaks down.

These agreements can cover asset division, spousal maintenance, and protection of inherited or business assets. The only difference between the pre and post nuptial agreements is that the latter is entered into after marriage. 

When Should You Consider a Nuptial Agreement?

Nuptial agreements are entered into for many different reasons, most commonly because: 

• Individuals with significant pre-marital assets
• Business owners
• Those entering second marriages
• Couples with international property or complex financial arrangements

They provide clarity and reduce the risk of lengthy disputes during divorce proceedings.

What to include in a nuptial agreement

Prenuptial and postnuptial agreements typically cover: 

• Protecting inherited money, pre-marital assets, savings or investments 
• How assets will be split if you divorce 
• How debts will be treated on divorce 
• Arrangements (if any) for maintenance or pension sharing 

Having said that, nuptial agreements are tailored to the spouses’ specific circumstances and can cover nearly everything. Sometimes nuptial agreements include stipulations requiring the agreement to be reconsidered after particular circumstances, such as the after the birth of any children of the marriage. 

Vardags’ team of top divorce lawyers delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses. 

Need Expert Help?

Vardags offers unparalleled expertise in prenuptial agreements for high-net-worth individuals. Following our landmark success in Radmacher v Granatino, we have set the standard for drafting and enforcing agreements that safeguard substantial assets and complex financial interests, both domestically and internationally. To discuss how we can protect your wealth with a bespoke prenuptial agreement, contact our expert team today. 

Alternatively, if you’re concerned about how a nuptial agreement may affect your divorce settlement, especially where children or financial disparity are involved, our expert solicitors can help.

We offer a free initial consultation to qualifying individuals.

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