Is there a nuptial agreement?

When making a financial settlement, the Court first considers if there is a 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. 

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. Similarly, a postnuptial agreement is also a formally written agreement, outlining what should happen if the marriage irretrievably breaks down. The only difference between the pre and post nuptial agreements is that the latter is entered into after marriage. 

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

• One party has significantly greater capital or income than the other 

• One or both parties wish to protect assets owned prior to the marriage, such as properties, inheritances or business interests · One or both parties have children from a previous relationship 

• One or both parties has a connection to another jurisdiction 

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. 

Since Vardags won the landmark Supreme Court case, Radmacher v Granatino, prenuptial agreements have had a new and important status in matrimonial law, and it is likely you will be bound by it if you divorce. If you’re considering or going through a divorce and there is a nuptial agreement involved, we can help. Click below for a free initial consultation with one of our expert divorce solicitors. 

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