Family and Matrimonial

Pre-nuptial agreements and asset protection

Sadly, we live in a society where a high proportion of marriages end in divorce. It is becomingly increasingly advisable, particularly if, for example, there is a significant imbalance in assets, to enter into a Pre-Nuptial Agreement (PNA) which will set out the basis upon which it is intended those assets will be divided should the marriage break down irretrievably. Similar agreements are available for those wishing to enter into Civil Partnerships.

Whilst courts have been reluctant in the past to be allow PNA’s to exclude or limit their jurisdiction, the attitude is changing. Recent case law suggests that a PNA that sets out the basis upon which a husband's and wife’s assets are to be divided in the event of irretrievable breakdown of their marriage, may be of influence when determining the distribution of assets and income upon divorce. For a court to give weight to a PNA however it is essential that it is properly drawn up.

It is advisable also for those entering into second marriages and/or where there are children, to seek advice with a view to a PNA being prepared to protect family assets and/or future generations. We work closely with our Private Client and Conveyancing departments to ensure suitable complementary documents are drawn such as Wills and Declarations of Trust with appropriate specialist tax planning advice.

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