Prenuptial agreements are, as yet, not enforceable in the English Courts, it is still for the Court to finally decide the division of assets in a divorce or separation. However, Judges are increasingly minded to take into account a properly drawn up prenuptial agreement.  They are now becoming very influential in any decision on the assets.

Whilst many factors will still take precedent over a Prenuptial agreement, such as any children and the length of the marriage, with divorce rates rising and marriages get shorter, these agreements may play a significant part in any decision made.

With a prenuptial agreement in place, the Courts may be able to take a pragmatic approach to shortcut the normal court process, saving time and money.  This can also help avoid considerable stress should the marriage breakdown and help provide some insurance against costly litigation.

Please speak to us for further advice.