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GLOSSARY

Pre-nuptial agreement definition

/priːˈnʌpʃ(ə)l//əˈɡriːm(ə)nt/

Published by a LexisNexis Family expert

What does Pre-nuptial agreement mean?

An agreement entered into by a couple prior to marriage or civil partnership to regulate their affairs in the event that their relationship ends primarily to safeguard the assets each brings to the marriage or civil partnership or inheritance received during the marriage or civil partnership and setting out how the pre-marriage or civil partnership assets and after acquired assets should be divided on separation, divorce or dissolution.

Such agreements are not binding under English law but where the agreement has been freely and voluntarily entered into by both parties with no hint of any pressure or undue influence brought to bear on either, both have given full disclosure of income and assets and had an opportunity to obtain independent legal advice such agreements can be taken into account by a court (as one of a number of relevant factors) when considering the fair and appropriate division of assets on divorce.

Family

An agreement entered into by a couple prior to marriage or civil partnership to regulate their affairs in the event that their relationship ends primarily to safeguard

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Implications of pre-nuptial agreements within proceedings for financial provision

This Practice Note details the courts’ approach to pre-nuptial or pre-marital agreements and sets out relevant case law both prior to and following the Supreme Court decision in Radmacher (formerly Granatino) v Granatino. It also considers the Law Commission’s report on matrimonial property, needs and agreements and the concept of qualifying nuptial agreements.See also Practice Notes:•Marital and civil partnership agreements—disclosure•Marital and civil partnership agreements—independent legal advice•Marital and civil partnership agreements—drafting and formalities•Marital and civil partnership agreements—international aspectsWhat is a pre-nuptial agreement?A pre-nuptial (or pre-civil partnership) agreement is formed between the parties to an intended marriage or civil partnership and seeks to regulate their affairs in the event that their relationship ends. For the majority, financial arrangements will be the main focus of such agreements, but the parties may also agree in what jurisdiction their divorce or dissolution will proceed.Pre-nuptial agreements are not formally binding in England and Wales, but they have been regarded by the courts as persuasive and even 'decisive' and a pre-nuptial agreement may influence the outcome of...

Implications of maintenance, separation and post-nuptial agreements within proceedings for financial provision

The parties to a marriage or civil partnership cannot contract out of the court’s jurisdiction to make orders for financial provision on divorce or dissolution, however, the existence of a post-nuptial, maintenance or separation agreement may have a persuasive or even decisive influence on the outcome of either party’s application for a financial remedy, depending on the precise circumstances surrounding the agreement. The Supreme Court in Radmacher (formerly Granatino) v Granatino did not accept that there is necessarily a material difference between a pre-nuptial agreement and a separation agreement and found that the court is entitled to overrule the agreement in either case. See also Practice Note: Implications of pre-nuptial agreements within proceedings for financial provision.The agreement may be taken into consideration as either part of all the circumstances of the case, or as conduct that it would be inequitable to disregard. Post-Radmacher the court must have regard to whether the terms of the agreement are 'fair', see: The impact of Radmacher. Types of agreementsMaintenance and separation agreementsThese are contractual...

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Pre-nuptial agreements—client guide

Pre-nuptial agreements—client guide This document provides general guidance regarding pre-nuptial agreements. Your family lawyer will be able to provide specific advice based on your circumstances. What is a pre-nuptial agreement? A couple planning to enter a [marriage OR civil partnership] may decide to enter into an agreement that shows what they intend to happen to their money and property if the [marriage OR civil partnership] were to end. The legal rules about these agreements come from the usual laws that apply to divorce/dissolution, and also a decision of the Supreme Court in 2010 (Radmacher v Granatino) where the court said: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’. Why enter into a pre-nuptial agreement? Everyone has their own reasons for entering into a pre-nuptial agreement. It may be that you and your...

Specimen questionnaire—financial remedy application

Specimen questionnaire—financial remedy application Bank accounts 1 Provide a schedule of all bank or other accounts (whether current, deposit, loan or other) not disclosed in Form E in which the [Applicant OR Respondent] has or has had in [his OR her] sole name, jointly with any other person or by [his OR her] nominee, or in which [he OR she] has a beneficial interest, whether in the United Kingdom or elsewhere, since [insert date]. 2 Supply copy bank statements in respect of every account referred to in the schedule in answer to question (1) above from [insert date] to the date of the [Applicant OR Respondent]'s replies to this questionnaire. 3 In respect of every account referred to in the schedule in answer to question (1) above, identify the reason for and source of all credits over £[insert amount] and the reason for and destination of all debits over £[insert amount]. 4 Provide a complete set of updating statements from [insert date of...

Dive into our 3 Precedents related to Pre-nuptial agreement

Cohabitants entered into an agreement during their cohabitation which provided for a property to remain the sole property of one of the parties. The parties are now to marry and no longer wish to be bound to the terms of that agreement, but while the agreement provided for termination in the event of separation, it did not include marriage as a termination event. The parties do not wish to enter into a pre-nuptial agreement. What steps would the parties need to take to terminate the cohabitation agreement and would the terms of the agreement be relevant should there be a subsequent divorce?

Cohabitants entered into an agreement during their cohabitation which provided for a property to remain the sole property of one of the parties. The parties are now to marry and no longer wish to be bound to the terms of that agreement, but while the agreement provided for termination in the event of separation, it did not include marriage as a termination event. The parties do not wish to enter into a pre-nuptial agreement. What steps would the parties need to take to terminate the cohabitation agreement and would the terms of the agreement be relevant should there be a subsequent divorce? A cohabitation agreement may make provision for it to continue to apply on marriage or cease to apply on marriage. Where the agreement is silent as to the impact of a subsequent marriage, and the parties wish to place the matter beyond doubt, it is possible for them to enter into a simple form of cancellation agreement endorsed upon the original cohabitation agreement. The following...

Where the parties have entered into a pre-nuptial agreement and one party wishes to issue a notice to show cause for the agreement to be considered as a preliminary issue, what is the procedure for such an application? Where a financial application in Form A has already been issued, will the first appointment proceed or be vacated? Does a separate application need to be made if the first appointment is to be vacated? Are there circumstances in which such an application should be made in Form D11 under Part 18 of the Family Procedure Rules 2010, or is the Form A sufficient?

Where the parties have entered into a pre-nuptial agreement and one party wishes to issue a notice to show cause for the agreement to be considered as a preliminary issue, what is the procedure for such an application? Where a financial application in Form A has already been issued, will the first appointment proceed or be vacated? Does a separate application need to be made if the first appointment is to be vacated? Are there circumstances in which such an application should be made in Form D11 under Part 18 of the Family Procedure Rules 2010, or is the Form A sufficient? The law in relation to the enforceability of pre-nuptial agreements has progressed significantly in recent years. In Radmacher v Granatino the Supreme Court determined that ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties...

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Family monthly highlights—April 2019

This month’s edition of Family highlights includes details of the Ministry of Justice announcement relating to divorce reforms removing the need to assign blame, a review of habitual residence, distinguishing void and voidable divorce decrees, establishing the competency of a child to provide instructions, and post-adoption contact. In addition to links to analysis of other key decisions, recently updated and new content is also detailed, together with Brexit updates, including the new edition of At a Glance 2018—2019.

Family monthly highlights—April 2018

This month’s edition of Family highlights includes details of guidance issued by the President of the Family Division on final hearings in adoption cases, family proceedings and parents with a learning disability and on defective divorce petitions. Other guidance issued includes the second edition of the Family Justice Council (FJC) guidance on financial needs on divorce and new FJC guidance on capacity to litigate in proceedings concerning children, together with local guidance on the first Financial Remedy Court pilot. The jurisdiction of the court to make an interim order for sale is considered, together with how the courts should approach relocation cases where care of the child has been shared. Decisions relating to the limited scope for the variation of capital orders, and kinship carers are also analysed, together with the Court of Appeal’s approach to future earning capacity and sharing in relation to periodical payments, as well as the extent to which capital should be deployed to meet income needs. In addition to links to analysis of other key...

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