Should grandparents have a legal right to see their grandchildren?
Learn about grandparents' rights to see grandchildren, mediation options, and legal steps to apply for contact after family disputes.
Read More
Pre and post-nuptial agreements are increasingly popular and can set out how you intend to organise your finances after you marry and what you want to happen if your marriage doesn’t last, thereby limiting arguments and avoiding a lengthy and expensive divorce.
Family & Matrimonial|02 October 2020
Insight
The agreement sets out what will happen to your assets should your relationship break down and can minimise the risk of disputes and expensive court proceedings.
Although not automatically binding in England and Wales, the landmark Supreme Court decision in the case of Radmacher -v- Granatino in October 2010, was that nuptial agreements “freely entered into” would be upheld, but only if there were no factors rendering it unfair to do so.
To make an agreement fair, it should meet both yours and your partner’s needs and must be within the parameters of what a court would be likely to order in divorce and related financial proceedings. For example, if an agreement provided for a young wife with four children to leave the marriage with £100, the court would ignore it and exercise its discretion to make appropriate provision for her. The court will not allow one partner to be left in a predicament of real hardship, whilst the other has more than enough to meet their needs.
To maximise the agreement’s influence over a court, the following safeguards should be met:
Our team of family solicitors is highly experienced in reviewing and preparing nuptial agreements. They take the time to gain a full understanding of your objectives and use their technical expertise and drafting skills to maximise the influence that the agreement will have on a court in the event of a divorce.
Contact Us
If you would like further information on how we can assist you with making a pre or post-nuptial agreement, please contact the Family & Matrimonial team on 01332 226 122 or complete the form below.
Related Services
Knowledge
Learn about grandparents' rights to see grandchildren, mediation options, and legal steps to apply for contact after family disputes.
Read MoreA useful overview for separating couples who are considering a divorce.
Read moreOur divorce solicitors examine the post-holiday increase in divorce enquiries and the key reasons couples choose the New Year as a time for change.
Read MoreWe support Good Divorce Week 2025 by promoting constructive, compassionate approaches to separation and dispute resolution.
Read MoreGovernment to repeal parental involvement presumption, prioritising child safety and risk in family court decisions.
Read MoreLearn when parental consent is needed to change a child’s name and how Deeds or court orders can make it official.
Read MoreUnderstand Clean Break Orders in divorce: what they are, when they apply, and how they protect your financial future.
Read MoreAlienating behaviours can present themselves in a number of ways with varying impact on the children concerned.
Read MoreFor divorced or separated parents, taking children away on holiday can sometimes give rise to serious conflict.
Read MoreHow parents can safely support adult children financially with clear agreements to avoid disputes and protect family relationships.
Read MoreThe importance for business owners to seek early advice to minimise future problems should their marriage break down in the future.
Read MoreWhat should happen to the family pet(s) is becoming an increasingly common issue for separating and divorcing couples.
Read MoreScroll to next section
Scroll back to the top
On Monday 29 September, Flint Bishop successfully completed the acquisition of the entire business of Lupton Fawcett LLP. You have been forwarded to the page most relevant to your visit.
Please feel free to explore our website and learn more about our legal services and professionals, including those who have recently joined us from Lupton Fawcett.