A Second Marriage, A Sensible Agreement

If you are planning a second marriage, it may be sensible to consider entering into a Pre-Nuptial Agreement. Second marriages often involve more complex financial arrangements, including property, pensions, business interests, or children from previous relationships. A Pre-Nuptial Agreement can help provide clarity and reassurance for both parties as you move forward together.

What is a Pre-Nuptial Agreement?

A Pre-Nuptial Agreement (PNA) is an agreement entered into by a couple before marriage, setting out how their assets would be treated in the event of a relationship breakdown. Its purpose is to reflect the parties’ intentions at the outset of the marriage and to provide guidance to the court should financial matters later need to be resolved.

In England and Wales, PNAs are not automatically legally binding. However, they can carry significant weight if properly prepared. This was confirmed in the leading case of Radmacher v Granatino, where the court held that a PNA should be given effect if it was freely entered, with full understanding, and if it would be fair to do so at the time of enforcement.

The courts place particular emphasis on fairness and transparency. Where an agreement has been undermined by a lack of honesty or full financial disclosure, its weight may be reduced or disregarded entirely. 

What are the benefits, and why should you consider one?

It is understandable that discussing a PNA before marriage may feel uncomfortable. However, a PNA encourages open communication and informed financial planning. For many couples, this transparency strengthens trust and avoids uncertainty in the future.

The benefits of a PNA include:

• Protecting assets acquired before the marriage, such as property, inheritances, businesses, or trusts.
• Safeguarding provision for children from a previous relationship.
• Clarifying financial responsibilities and expectations.
• Reducing the time, stress, and cost associated with financial proceedings on divorce.
• Helping to preserve the parties’ original intentions.
• Offering potential protection against existing or unforeseen debts.

What makes a successful Pre-Nuptial Agreement?

A PNA is more likely to be upheld if it is:

1. Prepared with the assistance of legal professionals.
2. Fair to both parties.
3. Entered into freely, without pressure or duress.
4. Based on full financial disclosure.
5. A genuine reflection of the parties’ intentions.
6. Properly understood by both parties.

Seeking independent legal advice from a qualified family law solicitor can help ensure that a PNA is carefully drafted and carries appropriate weight should it ever need to be considered by the court.

If you would like advice preparing a Pre-Nuptial Agreement, please contact Avril Chatora, a paralegal in our Family Law Department to arrange an appointment with one of our specialist solicitors on 01869 222324, or by email at achatora@se-solicitors.co.uk.