04 Mar 2014

Pre-Nuptial Agreements

Pre-Nuptial Agreements

Naeema Sajid, Partner, discusses the Law Commission recommendation to introduce pre-nuptial agreements into family law in England and Wales.

Naeema Sajid, Partner, discusses the Law Commission recommendation to introduce pre-nuptial agreements into family law in England and Wales.

Recent discussions and media coverage south of the border have highlighted the continued legal and moral arguments surrounding the use of pre-marriage agreements, commonly referred to as ‘pre-nupts’.

Pre-nupts have been used in different jurisdictions around the world for many years, with varying degrees of enforceability. Some will argue that they undermine the institution of marriage, whilst others believe that they are a practical tool allowing consenting adults to make informed decisions about their future in a pragmatic and open forum.  Such agreements not only allow couples to reflect and review their existing personal finances, but also help them to plan for future financial needs and resources, whether individually or together.

With the Supreme Court test case between the German heiress Katrin Radmacher and Nicolas Granatino indicating that pre-nuptial agreements can "in the right case" have decisive weight in a divorce settlement, and the Law Commission in England and Wales having completed their consultation and recently submitted their recommendations, heated debates and discussions in this area of the law are bound to continue, whether in a court or a church, south or north of the border. 

It has long been thought in Scotland that pre-nuptial agreements (as long as they are validly entered into) would be enforceable, but clarity in the law would be welcomed.  Meantime, it is better to be well informed, rather than misinformed or indeed uninformed. Seeking comprehensive legal advice at this crucial time ought to be on a couples ‘to do’ list alongside the other essential wedding preparations.

We at Aberdein Considine aim to provide confidential guidance and practical solutions to all family and child related matters, no matter what the background or circumstances.

Please visit our website or contact one of our offices to arrange an appointment to discuss all legal and financial consequences of your marriage with a member of our Family Law Team. 

Naeema Sajid, Partner


Please correct the errors below before submitting your request:

Get in touch

Our dedicated client contact team prefer to receive enquiries through our contact form. We'll endeavour to get back to you within 24 hours or during the course of the next working day.

Source of enquiry