Can a Nuptial Agreement be challenged?
A Nuptial Agreement can be made before or during the marriage or civil partnership. The intention being that the agreement sets out how assets are to be divided in the event of separation and divorce/dissolution of the partnership.
Nuptial Agreements can reflect the financial discussions that you have had with your partner and for example seek to protect assets, business interests, and future inheritance. Nuptial Agreements are not binding on the Family Court but following the landmark decision in Radmacher -v- Granatino [2010] UKSC42, the Court must uphold the terms of a Nuptial Agreement if it was properly prepared, entered into and is fair to both parties. These agreements are increasingly being entered into in England and Wales as couples seek to manage their own financial arrangements to reflect their circumstances.
When considering entering into an agreement, it is also helpful to be aware of the circumstances, when these agreements can be challenged. This can happen due to :-
- The lack of legal advice
- Failure to provide full financial disclosure
- One party being placed under duress
- The agreement fails to meet both parties’ future needs
It is worth highlighting that recent case law has found that full financial disclosure and legal advice may not be essential. The circumstances of duress have also been reviewed. It is advisable, that you take early legal advice to avoid the risk of the Court setting aside your Nuptial Agreement.
If you are considering a Nuptial Agreement and would like to learn more, or you have an agreement and want advice about updating and reviewing, please do not hesitate to contact one of our family lawyers for further information.
We want to ensure that you have an agreement that works for you both and helps protect both of you, now and in the future.
We have offices in Chippenham, Devizes, Marlborough, Royal Wootton Bassett and Swindon and offer free, initial consultations. Make a quick enquiry via our website or E: familylaw@awdry.law