If the marriage is long, then without a conjugal agreement, it is likely that the court would share all the property equally. However, it is important that the agreement is properly prepared. As above, HHPs can carry a crucial weight. With more people entering NPAs in recent years, the number of cases in which NPAs are pending in court has increased; in these cases, it appears that there has been a step in favour of the PNF. Case law in this area is developing and judges are willing to respect the wishes of the parties on the basis of freely concluded agreements (and which meet the various criteria mentioned above). Our family rights team members have extensive experience in developing a marital agreement that makes detailed arrangements for asset sharing such as finance, pensions, businesses and real estate. For a confidential consultation today, email us [email protected] or call us now on 0114 358 9009. The Nuptial Agreements, namely bridles and post-nups, are often associated with the rich and famous and can often be noticed by popular news. This has led to the widespread belief that marriages are unfair, worthless and unromantic, when they may indeed be a reasonable, fair and transparent way to discuss the financial image of marriage and agree the outcome if it has ever collapsed. In general, yes, but there are some reservations.
Although The British courts recognise marital agreements, they can also veto any agreement under the pre-agreement if part of the agreement is unfair or discriminatory against children. Judges are also cautious that marital agreements are «forced» to partners who were not satisfied with the impact but did not feel they could say no. If it turns out that a prenup was signed under duress or that one of the spouses was suffering from ill mental health at that time, it can sometimes leave enough legitimate doubts to have a judge question the validity of the prenup. If you are considering a marriage pact or have already decided that you want to have one, we strongly advise you to speak to one of our local QualitySolicitors who will help you with all options and ensure that the agreement will have the best chance of facing court review. A matrimonial agreement is a legal document that simplifies and defines how assets are distributed when a couple separates. This is a common practice in the United States, especially for wealthy people who fear losing half their wealth in the event of a divorce.