Section 25 of the Marital Cases Act 1973 states that the Court must « consider all the circumstances of the case. » A fair pre-agreement, in accordance with the requirements of the act and concluded freely and knowingly, is envisaged. In the strict sense of the law, marital agreements are not applicable in British courts. Nevertheless, British judges most often give considerable weight to marital agreements in proceedings and will largely try to maintain them, unless there are problems with it, and they have been developed and signed with the right precautions and considerations. We look at when a marriage deal is a smart idea and if you should have one if you tie the knot in the near future. A marital agreement is generally established to protect the more affluent spouse, while this may raise questions about equity for the other spouse, who may not have more savings or income to support himself after the end of the marriage. 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. This guide will help you chart everything you need to know about marital agreements in the UK. Yes, in order for a marriage agreement to be considered valid and binding, both parties must obtain independent legal advice on the document to ensure that it is fair and legitimate. If you need help or advice for a marriage convention, the recognized family law is a good 30-minute consultation. Once all the congratulations and excitement begin to simmer, the wedding planning can begin seriously. And as unromantic as it may seem, if you have already been married and/or have significant assets, some of this planning should include a pre-marriage agreement. If a marriage contract has been signed, you may fear that there is no way to question that.
That is not the case. If circumstances have changed and you feel that the marriage agreement you signed is no longer valid, that may be called into question.