Prenuptial/Pre-civil partnership agreement

Use this document to state what should happen to assets should your marriage or civil partnership end. Although prenuptial/pre-civil partnership agreements are not legally enforceable in England, Wales and Northern Ireland, they do carry more weight since the judgement in the Supreme Court case of Radmacher vs Granatino (20 October 2010). This is because they are no longer seen as 'contrary to public policy' - i.e. no longer seen as perversion of justice or harmful to the state and the public. Courts should give effect to such agreements when deciding on settlements. This means that the terms of the agreement should be implemented when certain criteria are met. Some such criteria include that the court must, at the time of the separation, be in a position to find that, the agreement was entered into freely, voluntarily and without undue pressure; both you and your partner fully appreciated its implications and offered full disclosure of all relevant information; both you and your partner intended the agreement to be effective and to govern the financial implications of divorce/dissolution; it would be fair to hold the parties to the agreement at the time of the divorce/dissolution. It is important that each of you take independent legal advice on the agreement before signing it. The agreement is for use when the parties intend to permanently live in England, Wales or Northern Ireland.