Prenuptial agreements – what are they?

A prenuptial agreement is an agreement made by a couple before they marry as to how their property should be split should they divorce.

With the increasing numbers of divorces these days, and given the powers of the court to re-distribute family property, these contracts have emerged in America and to a lesser extent in England as an option to try to protect the separate property of either or both spouses at the end of their marriage.

Although they are currently unenforceable under English law, a prenuptial agreement properly drafted by a specialist family solicitor can be persuasive evidence to the court in showing how a couple agreed before they married to split up their property – this may have a significant impact on the outcome of a divorce case.

It is possible that existing prenuptial agreements could become enforceable in the future.

For further legal advice, contact  our expert family law solicitors in our Salisbury, Andover or Amesbury offices today.