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Are Pre-Nuptial Agreements Legally Binding in the UK?

The question of whether or not a pre-nuptial agreement is binding in the UK is an interesting one. As a position of common law is that pre-nuptial agreements would be an important indicator to the court of the intention of the parties at the time they entered into their relationship. In particular, in relation to assets which were pre-acquired before the marriage. They do not however oust the jurisdiction of the court, and the court still has the ability to meet the needs of the parties. If the pre-nuptial agreement is carefully drafted, and makes prevision for review of change of circumstances. The most obvious one being if the parties have a child. Then there is every likelihood that in fact, the court will hold both parties to the agreement. Providing they’ve both had legal advice at the time the agreement was entered into, and given proper disclosure of their financial position at that time.