Do Courts Consider Pre-Nuptial Agreements In Divorce Cases?

Wedding and engagement season seems to go on forever. But what happens when a happily married couple decides to divorce?

All their financial assets must be shared and other decisions made by the court.

Some have pre-nuptial agreements signed between them. Do they hold any importance in case of a divorce?

In the United Kingdom, each divorce case is dealt differently. Financial aspects, length of marriage and number of children all are contributing factors to the final decision. Even pre-nup agreements are taken into account.

Pre-nuptial agreements in divorce

The extent to which these agreements are taken into account vary case to case. The court will likely consider the weight of such an agreement, depending on:

• Whether the agreement and all the terms included in writing favour one or both parties: If the agreement doesn’t deal with the needs of financially weaker party, it isn’t likely to be upheld.
• Availability of legal advice: If both parties received independent legal advice while crafting the agreement.

• Financial disclosure: If all relevant financial details are known by both parties.
• Understanding: If both parties understand financial position as well as terms of agreement. It is particularly important for the party that has the most to lose.
• The time of signing of the agreement: If the agreement was signed too close to the wedding date, it’s unlikely to be upheld. It’s advised that such an agreement must be crafted and agreed upon at least 21 days before the wedding.
• Duress: If pressure was applied by one or the other party. The duress argument is more convincing if the agreement is signed too close to the wedding.
• Other pressures: External pressures on either party are also taken into account.
• Exploitation: If either party exploited financial or other form of dominance, then the agreement won’t be upheld.
• Injustice: If upholding the agreement will do injustice to one or both parties.
• Change of circumstances: If the agreement makes provisions for unforeseen change of circumstances. This may include birth of one or more children or loss of job. Such clauses will be reviewed to deal with the new circumstances.

If all the practical guidelines have been adhered to in your agreement, it will be more likely upheld by the court. This is why it’s important that both parties take legal advice, crafting a legible agreement.

Want to craft and sign a pre-nup? Wembley Solicitors can assist you in the process. We also have expert divorce solicitors to ensure you’re getting fair representation. Send us an inquiry online regarding your case or dial 020 3417 3700 to get in touch on phone.