Are prenups legally binding in the ukPre-Nuptial Agreement • June 2nd, 2021
Contract Type FiledJune 2nd, 2021Pre-Nups and Post-nups are not legally binding in the UK. However, more weight is given to them in court now, provided the agreement is a “qualifying agreement”. What makes a Pre-Nup a “qualifying agreement”? For a Pre-Nup to meet the criteria of a “qualifying agreement”: There must be full financial disclosure of both parties’ assets before the agreement is made; no assets should be hidden by either party Both parties must receive independent legal advice about the agreement from different Solicitors The agreement has to have been signed no later than 28 days before the wedding The agreement must not be signed under duress or pressure by either party In the case of a breakdown of the marriage, a judge is likely to take a Pre-nuptial Agreement into account if the criteria above have been met. A bit of history into Pre-Nup Agreements Pre and Post-Nuptial Agreements were regarded as void and unenforceable as a matter of Contract Law. This was because on the view that spouses had a duty t