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

  • Double jeopardy of digital asset inheritance planning amid probate delays
    Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, addi


    Read more
  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more

What they say...

  • W Sandover, April 2026
    Boundary Wall dispute “Although (for complex, not relevant) reasons, this matter never reached the point of either negotiations or a court case, Barker Gillette staff provided us with excellent support. I would certainly go back to them in the

  • Client, April 2026
    Excellent suppy “Karen Cole supported me through a difficult time with warmth and professionalism. She made the entire process as smooth as possible, responding quickly to communication and giving clear advice. I would highly recommend Karen to

  • Client, April 2026
    So helpful! “Pippa Marshall listened and offered supportive, practical advice. She was very friendly, easy to talk to and did not pressure me to make any costly decisions during my free 30-minute consultation. I would definitely recommend Pippa

  • Nika Franke-Matthecka, April 2026
    “We had an excellent experience working with Michael Davies and his team on the sale of our property. They were efficient, knowledgeable, and highly diligent throughout the entire process. Communication was always prompt and clear, which made w

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

Read more
Send this to a friend