Skip to main content

Insight article

June 15, 2017

Hope for the best, prepare for the worst

While pre-nuptial agreements are becoming more and more popular, many still see them as cynical and unromantic. After all, why would you want to marry someone if you thought you might break up with them? However, it may be worth thinking of a pre-nuptial agreement as an “insurance policy” rather than a “break-up agreement”.

While pre-nuptial agreements are becoming more and more popular, many still see them as cynical and unromantic. After all, why would you want to marry someone if you thought you might break up with them? However, it may be worth thinking of a pre-nuptial agreement as an “insurance policy” rather than a “break-up agreement”.

What do they do?

Ensure Stability

  • The fact is that people are getting married at a later stage in their life. By this time, they are financially stable and will have a few assets under their name – the flat they saved up for, the property they inherited or the shares that have been slowly gaining value since the recession. It makes sense to put in place an “insurance policy” to protect your assets.
  • It is not just the financially stable that benefit from entering such an “insurance policy”. The agreement may contain provisions in which the weaker party (financially speaking) is entitled to a lump sum, a right of residency or even maintenance for a specific period following the break-up of the relationship.

Give weight to your agreement

Although pre-nuptial agreements are not legally binding, in 2010, the Supreme Court set out a test (Radmacher v Granatino) that Courts should follow to determine how much weight should be given to such an agreement.

  • Firstly, the Court must ensure that the parties were open and honest in disclosing all their pre-marital assets and debts – if you fail to mention a pre-marital asset that is later discovered, nothing gets protected.
  • Secondly, the Court will check that both parties knew what they were signing – both parties will need to seek and obtain independent legal advice.
  • Thirdly, the Court will check that one party did not coerce the other party into signing the agreement – so you cannot surprise your partner with a pre-nuptial agreement at the altar. It is preferable that an agreement is signed at least one month before the wedding.
  • Finally, the agreement cannot prejudice either party’s position as of the date of the divorce. Generally, the longer the marriage lasts, the less weight the pre-nuptial agreement will carry in the eyes of the court. This is because the parties may have gained, lost or even merged their debts and assets. Furthermore, healthcare needs may have changed, or there may be a child to take into consideration as at the date of the divorce.

In 2010, the Office for National Statistics revealed that 42% of marriages in England and Wales ended in divorce. Can you guarantee that you’ll make the 58% that doesn’t?

Even if you have been married for some time it may be worth reviewing and updating your agreement if you have already made one. However, if you have not yet made one you may want to consider entering a post nuptial agreement.

Contact Pippa Marshall today for more advice and information.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The Employment Rights Act is a call to action for employers 
    A new year, a new employment framework: what employers need to know about the Employment Rights Act passed by parliament in December 2025.


    Read more
  • Dilapidations explained: What commercial tenants and landlords need to know
    Dilapidations are a common source of dispute at the end of a commercial lease. They can involve significant sums of money and often come as an unwelcome surprise to tenants who believed they had left a property in reasonable condition. Understanding


    Read more
  • The role of due diligence in corporate transactions
    In corporate transactions, due diligence is a key stage that usually follows agreement of Heads of Terms, allowing the Buyer to investigate the target company or its assets before committing to the deal.


    Read more
  • Love in later life and the inheritance tax trap
    Increasingly, lawyers are seeing couples who have chosen to live together rather than marry, sometimes for many years, without fully appreciating how differently the law treats them, particularly when it comes to inheritance tax and financial protect


    Read more
  • Understanding Heads of Terms in corporate transactions
    Heads of terms are a crucial first step in corporate transactions. Learn what they include, why they matter, and how they shape successful deals.


    Read more

What they say...

  • Amish Bristol, January 2026
    Absolutely brilliant, fast, professional, clear and delivered a robust service “Recent mortgage oversight from Ben Marks and Anne was superbly dealt with, and I intend on moving all my business to them. For a big firm, they really do pay attent

  • Client, January 2026
    Excellent experience “The process of my work was quick and effective.”

  • Vicky, January 2026
    Clear, friendly, helpful “Very efficient and helpful with arrangements for my will.”

  • R Cook, December 2025
    Settlement Sorted “Grayson Stuckey was great. Efficient and friendly with all aspects of the support provided. We worked well together and achieved a positive outcome. Recommended.”

  • Ivan Naisbitt, December 2025
    More than just a service “Michael Davies has been representing me for about 35 years, and I cannot recommend him or RIAA Barker Gillette (UK) highly enough. Aside from the normal conveyancing, he is always on hand to advise and guide you throug

Read more
Send this to a friend