Peterborough office

48 Broadway, Peterborough Cambridgeshire, PE1 1YW

01733 346 333 01733 562 338 enquiries@hegarty.co.uk

Stamford office

10 Ironmonger Street, Stamford Lincolnshire, PE9 1PL

01780 752 066 01780 762 774 enquiries@hegarty.co.uk

Oakham office

66 South Street, Oakham Rutland, LE15 6BQ

01572 757 565 01572 720 555 enquiries@hegarty.co.uk

Market Deeping office

27a Market Place, Market Deeping, PE6 8EA

01778 230 120 01778 230 129 enquiries@hegarty.co.uk

Bourne office

11a North Street, Bourne, PE10 9AE

01778 230 030 enquiries@hegarty.co.uk
  • Services
  • Sectors
  • Our Team
  • About us
  • Insights & Legal
  • Legal Q&As
  • Useful information
  • Contact us
  • Careers
  • 15 Mar 2023

    Should I have a Prenuptial Agreement?

    When entering into marriage, nobody expects it will end in divorce and you rarely give consideration for the need of a prenuptial agreement. 

    Since Radmacher –v- Granatino (2010), the general principal is the court’s will give effect to a prenuptial agreement that has been freely entered into with a full appreciation by all the parties of the implications unless there are circumstances prevailing it which make it unfair to hold the parties to such agreement. 

    Please note, you cannot oust the court’s authority. If the court believes such agreement places one party at a disadvantage and is unfair then the court will still make financial provision for such party if the circumstances require this.

    Why have a prenuptial agreement?

    It will certainly be taken into account by the court as to the parties intentions at the time it was entered into in terms of what will happen to the marital assets in the event of a breakdown. Depending upon the circumstances of the case if you have pre-marital assets you wish to protect, I would always advice it is better to have one than not. 

    Stay up-to-date with Hegarty