Pre-nups and pre-cips in English and Welsh family law

George Ide LLP's experienced family lawyers in Chichester can advise on the necessity and suitability of arranging a pre-nuptial agreement or, for same-sex couples, a pre-civil partnership agreement.

More than ever, courts are likely to look favourably on a well-drawn up pre-nuptial agreement and when a relationship breaks down the document has the capacity to prevent much wrangling, and save time and money, especially if both parties are fully aware of the document's ramifications upon signing.

In this respect the advice and guidance of a family law solicitor, one each for both parties who will sign the pre-nup or pre-cip, is essential.

Landmark ruling for prenuptial agreements in family law

In 2010 a Supreme Court ruling in the case of Radmacher V Granatino set legal precedent when the judges decided that the couple's pre-nuptial agreement was enforceable and that "decisive weight" had to be given to the agreement's provision that neither party would make a claim on the other spouse's wealth should the relationship end in divorce.

Katrin Radmacher, a wealthy German industrial heiress, and her banker-turned-academic ex-husband, Nicolas Granatino, made considerable headlines when it was ruled that the terms of the divorce settlement should be determined in direct correlation with the pre-nup and Mr Granatino, who had been awarded £5.8million of his ex-wife's reputed £100million fortune in an earlier court hearing, was granted £1million by the Supreme Court.

It was the first time that the terms of a pre-nuptial agreement had been so radically enforced under English and Welsh family law, and the ruling offered strong guidance to family lawyers that pre-nuptial and pre-civil partnership agreements would be upheld if their contents and setting up had been fair and correct.

Legal essentials for a well-founded pre-nuptial agreement

In order to give a pre-civil partnership or pre-nuptial agreement the best chance of being accepted by a family court in England and Wales, the following criteria should be adhered to:

• Both parties must understand the agreement, especially if one party stands to lose more in financial terms as a result of the agreement.
• Both parties must seek independent, appropriate legal advice.
• Neither party should be coerced into signing the agreement.
• The financial disclosure of both parties must be full and frank.
• If the agreement is to be upheld it must not cause injustice to either party.

George Ide's family lawyers for legal advice on pre-nups and pre-cips

Each financial claim, whether on divorce or civil-partnership dissolution, will be judged on its own merits and there are, as yet, no hard and fast rules regarding who gets what in a financial settlement.

However, George Ide's family law team can give you expert legal advice about drafting a suitable agreement and we are also able to represent spouses during a financial claim, whether as applicant or respondent.

If you would like to contact George Ide's family lawyers in Chichester please click through to the staff profiles featured on this page, where you will find direct contact details and further information.