Carla Hull Solicitors Limited is backing calls for pre-marital agreements to be made legally binding.

A report published by Resolution (www.resolution.org.uk), entitled ‘A more certain future - recognition of pre-marital agreements in England & Wales’, calls for legal changes to make pre-nuptial or pre-marital agreements, as they are now more commonly called, binding unless upholding an agreement would cause significant injustice.  Pre-marital agreements are not currently enforceable within the Courts of England and Wales as they have traditionally been thought of as being 'against public policy'.  In recent years pre-marital agreements have been upheld by the courts in certain circumstances but the law falls short of providing the level of certainty couples want when they make an agreement. 

With social attitudes changing, increasing numbers of couples are choosing to put pre-marital agreements in place, but their validity comes into question if the couple cannot rely upon the fact that their agreement will be enforceable at a later date.  Carla Hull Solicitors Limited agrees with Resolution that legal certainty is a better solution than the Courts upholding the agreements on a case by case basis without any legislative backing.

In the course of our work with clients, we have found that an increasing number of couples wish to take steps to minimise the uncertainty of the Court's approach to financial arrangements upon divorce and to decide for themselves what a fair settlement would be. The current law means that financial outcomes are unclear and uncertain, which most families find unacceptable.

Anecdotal evidence from family lawyers across England and Wales gathered by Resolution suggests that increasing numbers of couples explore the possibility of making agreements but are deterred by the lack of certainty over whether they will be upheld.

There is a need, at times, to protect one spouse in a marriage but where a couple chooses to make an agreement in the full knowledge of its effect, they should be entitled to have it upheld by the courts.
Pre-nuptial agreements are clearly not for everyone but as more and more people embark on second or even third marriages, the demand will grow for couples to be able to control their own lives and have at least some measure of certainty as to what will occur in the event of a marital breakdown.

The firm can assist you in drafting and finalising a Pre-Marital Agreement, which, although not strictly enforceable, could be taken into account by the Court as a relevant factor to consider if the marriage breaks down.  We will advise you as to what circumstances the Court would consider the agreement, and how much weight should be given to it in your particular circumstances.