Winckworth Sherwood

UK 200 2014 position: 81

Winckworth Sherwood on marital property agreements ('pre-nups') — how the law has changed

Evidence of the cost and acrimony caused by divorce can be found on an almost daily basis in the UK media, laying bare the separation details of ‘celebrities’. Marital property agreements, or pre-nuptial agreements as they are more commonly known, are often discussed in such stories, leading many to believe ‘pre-nups’ are confined to only the rich and famous; they are not.

Following the widely publicised Supreme Court case of Radmacher v Granatino in 2010, pre-nups have gained strength in their ability to protect the assets of those entering into marriages or civil
partnerships. If entered into in a spirit of collaboration, they can reduce the acrimony and difficulty often experienced upon divorce and the subsequent division of assets.

A pre-nuptial or pre civil partnership agreement is is a contract entered into before a marriage. The written agreement sets out what the couple agree should happen in relation to finances and other matters, should the relationship break down in the future. An agreement may provide for the division of capital and property, and whether and how much maintenance will be paid by a former spouse to the other…

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