In brief Prenuptial agreements are not automatically legally binding in England and Wales, but courts will give them significant weight if they are properly prepared. The landmark Supreme Court case Radmacher v Granatino [2010] established that a prenup should be given effect if it was freely entered into with a…
Many couples can benefit from a prenuptial agreement (prenup), which helps them clarify their financial position and provides important protection should they divorce in the future. This is a comprehensive guide to everything you need to know about prenuptial agreements, covering the following questions: What is a prenup? How do…
Prenuptial agreements (prenups) are used by couples who want to clarify their respective financial rights and obligations prior to marriage. Prenups detail how a couple’s assets will be divided in the event of a divorce, limiting the potential for conflict over who gets what. There is no ‘one-size-fits-all’ approach, which…
A prenup (more formally referred to as a prenuptial agreement) is a document that couples can sign prior to marriage which clarifies their respective financial rights and obligations. An effective prenup in the UK will make provision for any property, debts, income, and assets that a couple have purchased together,…
Cohabiting couples in the UK have no automatic legal rights to property, assets, or inheritance, regardless of how long they live together. There is no such thing as “common law marriage”. Upon separation or death, property rights depend entirely on how the property is owned and registered, or on proving…
This is a question we’re hearing from more and more couples. In some instances, it’s when we tell them they have left it too late to get a prenup before marriage. While you cannot get a prenup after marriage, there is good news. There is an equivalent that can be…
If you are thinking of obtaining a prenuptial agreement there are a few factors you need to consider in order to make the agreement more likely to be upheld in court. This blog sets out the main points you need to consider. The decision to get married is of course…
Second marriages and prenuptial agreements have been one of the most recent storylines of The Archers. Through the trials and tribulations in the relationship between Lillian and Justin the BBC radio show has cast its light on 21st century family life from the comfort of fictional Ambridge. Prenuptial agreements are…
The question of whether Justin and Lilian need a prenuptial agreement is one on the minds of any Archers fan who also happens to be a divorce lawyer! I make no secret of the fact that I am a huge fan of the Radio 4 soap The Archers. Over the…
The number of enquiries Woolley & Co receive about prenuptial agreements has risen sharply in the last 12 months. Maybe the message is getting through that understanding the full legal implications of your marriage and putting in place measures in case things don’t work out is a sensible part of…
As a family lawyer the work that you do changes with the times. The biggest change I’ve noticed in recent years is that I have seen a significant increase in divorce by more mature clients. A recent report in The Telegraph which talked about the rise in women over the age of 65 getting married to avoid spending a long retirement alone highlights how much…
I came across some interesting figures this week. The average age at which women marry is 37.0 years, according to ONS, slightly lower than the male mean age of 38.6 years. Seem high? Well maybe not if I tell you that these figures relate to same-sex marriage. For hetero-sexual couples, the…
