Pre-nuptial agreements, often called “prenups”, have become increasingly common in recent years, particularly among younger generations. Although prenups are not automatically legally binding in England and Wales, courts will usually give significant weight to an agreement if it was entered into freely, both parties understood its implications, and the terms are considered fair. But what happens when one person feels pressured to sign a prenup, or believes the agreement does not reflect their best interests?
Recent research has found that 1 in 4 people signed a prenup through undue pressure by either a partner or parent. In England and Wales, an agreement may be challenged in court if it was entered into under duress, without proper legal advice, or without either party fully understanding its implications. If the court finds that the agreement is unfair or was not properly entered into, it may invalidate the agreement or vary its terms to achieve a fair outcome for both parties.
Do I have to agree to sign a prenup?
If you have been asked to sign a prenup, you are not obliged to sign it and you cannot be forced into signing the agreement.
Pre-nuptial and post-nuptial agreements
Both pre-nuptial and post-nuptial agreements set out each party’s assets and explain how those assets should be dealt with if the relationship ends in divorce.
The two agreements serve a similar purpose, but they are entered into at different stages. A pre-nuptial agreement is made before a couple marries or enters into a civil partnership, while a post-nuptial agreement is made after the marriage or civil partnership has taken place.
What factors will the court consider when upholding a pre-nuptial or post-nuptial agreement?
The court will consider the following factors when considering whether to uphold such an agreement:
- Was the agreement entered into freely
- Was there exchange of full financial disclosure
- Did both sides seek independent legal advice
- Were the financial implications fully understood
- Was the agreement prepared correctly
How Birkett & Co Solicitors can help
If you are considering entering into a pre-nuptial agreement, or your partner has asked you to sign one, we strongly recommend seeking independent legal advice from a specialist family lawyer. Clear, tailored advice can help you understand your position, consider the terms carefully, and ensure any agreement is fair and reflects both parties’ intentions.
Contact us
Our family lawyers at Birkett & Co Solicitors can advise you accordingly ensuring the best outcome for you. Please do not hesitate to contact a member of the family team here.