Following Skipton Solicitor Andrew Fould’s step by step guide to divorce, he now tackles the ins and outs of Pre-Nuptials. The concept of a Pre-Nuptial agreement has often been considered to be typically “American”. One might associate such agreements with ludicrously wealthy ‘celebrities’ entering high profile marriages and consider that they are without place in our Jurisdiction. However, since the case of Radmacher in 2010, the Courts are paying ever more attention to any such agreement.
When making a financial determination the Court will do so on the basis of needs and assess each case including the parties decision to enter into such an agreement prior to marriage. In order for it to be considered, the Court must be satisfied that:
· The Agreement was entered into voluntarily and without duress
Even if all of the above points are satisfied, the Court maintains the power to set aside all or part of any such Agreement. The responsibility would be that of the party seeking to avoid its terms to establish that it would be unfair for them to be held to it. In addition, the very existence of a Pre-Nuptial Agreement can in itself, be enough to deter a further application for financial remedy being made.