Taylor Vinters - Solicitors

Pre- and post-marital agreements – sometimes referred to as “pre-nups” and “post-nups” – are contracts entered into before or after marriage to provide for how the parties’ capital and property will be divided in the event of divorce. They have been in the press again lately with the publication of the Supreme Court’s judgment in Radmacher v Granatino.

Many people assume, especially in the wake of Radmacher, that such nuptial agreements are legally binding in this country, as they are in many other jurisdictions. They are not. The position remains that it is the court, and not the prior agreement of the parties, that will dictate what will happen in relation to the parties’ financial arrangements on divorce.  However, there is now a presumption that the court should give effect to a pre- or postnup that was freely entered into by the parties with a full appreciation of its implications, unless in the circumstances it would not be fair to hold the parties to their agreement. “Fairness” is a slightly elusive concept although the Supreme Court has laid down some guidance on this; for instance, a nuptial agreement cannot be allowed to prejudice the reasonable requirements of any children of the family. 

Nuptial agreements will certainly become more common in the light of the Supreme Court’s decision in Radmacher. We are experienced in negotiating such agreements in a sensitive way on behalf of a diverse range of clients, from owner managers looking to protect shares in private companies, to landed estate owners and clients with assets spread across a number of jurisdictions.