Under English law Pre-Nuptial Agreements are not binding but are increasingly influencing the outcome of financial settlements within any divorce proceedings. How far Pre-Nuptial Agreements will influence the Court will depend upon all the circumstances of the case as assessed by factors under current legislation and the guiding principle remains that of being fair, just and reasonable to both parties.

The Pre-Nuptial Agreement is a contract entered into by the parties to a proposed marriage by which they intend to regulate the arrangements to be made between them in the event that the marriage breaks down.

Pre-Nuptial Agreements have been thrown into the spot light again in a recent Court of Appeal decision. It was held that the existence of such an Agreement in any case required the Judge to consider the weight it should be given as one of the circumstances affecting making a decision regarding any financial settlement within divorce proceedings. He further stated that over the following decade greater weight will be given to properly negotiated agreements not tainted by any abuse or manifest unfairness.

Until reform of the law takes place, Pre-Nuptial Agreements will continue not to be binding, however, given the Court of Appeal's decision in this case, any party looking to protect and/or preserve monies in the event of a divorce would be well advised to sign up to a Pre-Nuptial Agreement.

If you require any further advice or assistance please contact Ros Plumb or a member of the Litigation team at Wortley Byers on 01277 268349 or rplumb@wortleybyers.co.uk.

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