Nuptial Agreements

Nuptial agreements, whether entered into before marriage (pre-nuptial) or after marriage (post-nuptial) are not currently legally binding in England & Wales. However, in recent years the courts’ attitude to such agreements has changed significantly. In the well-publicised case of Radmacher in 2010 the Supreme Court stated “the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”

The courts now attach far more weight to such agreements and this has led to an increase in demand from those looking to protect their wealth, pre-acquired assets and inheritance.

In February 2014 the Law Commission published recommendations to Parliament about the future legal status of nuptial agreements. Consequently, there is an expectation that legislation will be introduced to recognise nuptial agreements as contractually binding in circumstances whereby those agreements have been properly negotiated following full financial disclosure and appropriate independent legal advice.

Best Practice

In the meantime best practice for those considering entering into a nuptial agreement is that both parties receive independent legal advice and, if the agreement is a pre-nuptial agreement, that it is approved and signed not later than 28 days before the date of the wedding.

We offer various options for negotiating, including collaboratively. Our team will ensure the approach to the nuptial agreement negotiations will meet your needs and expectations. We are experienced in dealing with these negotiations and the wider family issues that can arise and offer advice and assistance to support you.

Read our articles and guides on Nuptial Agreements.

Initial Fixed Fee Consultation

Come and talk to us. You’ll find us empathetic, keen to help and with a wealth of experience. We offer a fixed fee consultation of £120 for the first appointment. You will be advised on the options open to you and the possible outcomes. Our priority is to ensure that you have a clear understanding of the path ahead and the challenges involved in achieving your goals.

Barr Ellison LLP in Cambridge has a small but highly regarded family law practice, which handles divorce, financial matters including international assets or income streams, property settlements, and children arrangements. Lead partner Sarah Martin and vastly experienced associate Karen Anker are known for 'a personal service of an extremely high quality', and clients remark that they 'fight their client's cases with clarity and great attention to detail'. Martin, who frequently acts for high-net-worth individuals, academics, and entrepreneurs, is particularly well known for her expertise in private children law matters.
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‘Sarah Martin really cares about her clients and she does in fact go the extra mile. She has complex work which she handles with real skill and diligence.’

‘A very experienced family team in Sarah Martin and Karen Anker. Both very well respected within the Cambridge family law community and beyond.’

‘Sarah Martin and her team have provided me with excellent results and professionalism. Being women themselves, they sincerely empathized with my emotions as a woman, offering me considerable strength and support. Moreover, their sharp and precise work left me satisfied. I also admire their patience.’