Prenuptial Agreement in UK

Is Prenuptial Agreement Legal in the UK?





In the United Kingdom, pre-nuptial agreements currently have no legal standing. They are not binding on the courts





Recently, in a case called MacLeod v MacLeod, the most senior judges confirmed that while pre-nuptial agreements may be taken into consideration by the English court, they are not enforceable agreements under English law


However, since MacLeod, in a case called Radmacher (formerly Granatino v Granatino), the Court of Appeal has gone somewhat further, suggesting that judges should treat pre-nuptial settlements as the decisive element in some ancillary relief cases, and even calling for legislation to introduce a formal presumption that both pre-nuptial and post-nuptial settlements be ‘dispositive’ of any claim for ancillary relief, that is a presumption that any agreement between the parties should form the basis of any award made by the court.


The Court will carefully consider things like:

1. Did the party with the most to lose understand the nature of the prenuptial agreement? 



2. Did he/she have independent legal advice? 



3. Was he/she under pressure to sign? 



4. Was there full financial disclosure? 



5. Would an injustice be done if the prenuptial agreement

What Can & Can’t Be In A Prenuptial Agreement


The range of what can be in a prenuptial agreement is flexible and can accommodate most of the individual wants and desires that a marrying couple may have. On the other hand, there are some strict rules about what cannot be in a prenuptial agreement.


Generally, a prenuptial agreement can deal with the following:


(a) division of property on divorce;


(b) whether particular items are considered community property or separate property;


(c) ownership of the marital residence;


(d) responsibility for premarital debts;


(e) distribution of property on death;


(f) alimony obligations;


(g) financial responsibilities during the marriage;


(i) how disputes about the prenuptial are to be resolve (for instance through mediation or arbitration); and

(j) sunset clause – many couples allow that their prenuptial agreement will not be valid if they are married for a certain number of years.


There are a number of limitations to prenuptial agreements. Prenuptial agreements could not deal with the following:


(a) custody of the children (this includes things such as in what religion to raise the children, their schooling, etc.);


(b) visitation to the children;


(c) child support;


(d) anything "illegal" (as with most contracts); and


(e) anything "unconscionable" (unfair)


(f) anything that is thought to encourage divorce;


Remember, if your Prenuptial Agreement covers anything other than financial matters, you run a very real risk of having the judge not consider it. So the best advice in making a Prenuptial Agreement is to stick to financial matters only

Using Our Prenuptial Agreement Template

Net Lawman’s prenuptial agreements template are fully customizable and have been drafted by expert team of Solicitors and Barrister. Our template comes with full guidance notes to assist you in completing the agreement.


Our prenuptial agreement contains clauses that deal with the following key sections:

• The 'matrimonial' home



• Contents of the 'matrimonial' home



• Other property owned separately



• Pre marriage and post marriage property



• Pre marriage assets and finances



• Post marriage assets and finances



• Gifts between the parties



• Rights and responsibilities

The Court always has discretion to overturn any agreement in family proceedings although if legal advice has been taken and the proposals were considered fair when the agreement was made, the Courts are unlikely to contest the couples express wishes which makes the agreement a valuable addition to your legal protection in the UK.


Therefore, Net Lawman’s agreement is the only way for a couple to protect their assets.