Pre-nuptial and post-nuptial agreements – Are they worth it?

In short yes they are.

You and your partner are able to establish in advance how your assets will be shared should you separate or subsequently divorce.

In the recent case of Backstrom v Wennberg [2023] EWFC 79 the court upheld the pre and post marital agreements the parties had entered into.

The parties had been together 6 years and had one child together. This decision echoed the leading authority of Radmacher v Garantino [2010].

The court held the agreements must carry full weight as there had been no significant changes in circumstances or spoiling factors. This should give encouragement to those considering pre and post marital agreements.

The agreements have to meet a particular criteria and require sensitive negotiation and we can help to assess whether an agreement is necessary and proportionate.

It is important that the pre and post nuptial agreements meet the following criteria:

• That both parties have taken separate legal advice
• That neither party is under undue influence to enter into the agreement
• That the terms of the agreement are fair
• That both parties have disclosed their current and likely financial positions to the other and
• That the agreement is entered into at least 28 days before the wedding.

When prepared correctly with the right sensitive advice martial agreements can provide many benefits. Such as:

• Parties can protect their assets
• It will save time and divorce costs
• You can safeguard your business and future profits
• Each party will have an understanding of the complete financial picture as a couple
• You can make provision for children from a former marriage
• You can ring fence your inheritance.

At Walker Foster we have an experienced team able to assist, assess and advise about marital agreements. 

If you require more information, please contact our Head of Family, Sara Rutter at slr@walkerfoster.com.