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 do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more
  • Next equal pay appeal: when can market pressures justify different pay
    When can recruitment and retention pressures justify different pay? Karen Cole explores the Next equal pay appeal, explaining why equal pay risks remain and what employers should consider when reviewing pay packages and the evidence supporting their


    Read more
  • Domestic Abuse Protection Orders: where are they available and what other protection can you seek?
    Domestic Abuse Protection Orders can offer tailored protection, but availability is currently limited. Pippa Marshall explains how they work, who can apply and the other protective orders available, including non-molestation and occupation orders.


    Read more
  • Missing beneficiaries and unknown heirs: what should executors do?
    What should an executor do if someone entitled to inherit cannot be found? James McMullan explains how to trace missing beneficiaries, the limits of statutory notices and the options to consider before distributing an estate.


    Read more
  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more

What they say...

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

Read more
Send this to a friend