At Hubbard Pegman & Whitney LLP, our team of specialist family solicitors based in Hammersmith have helped many with their pre-marital agreements.

Our Solicitor based in Hammersmith, Thanuja Oppilamany, has considered what a pre-marital agreement is and the factors the court considers when looking at the enforceability of a pre-marital agreement.

A pre-marital agreement (PMA) is an agreement signed by both parties prior to marriage setting out their rights to any property, debts, income and other assets purchased together or acquired individually should the marriage breakdown.

The main aim of a PMA is to ring-fence the assets that you each built up prior to your relationship and expect to receive from your families, so that you can keep them in your respective families.

While PMAs are not currently completely binding on the court, it should be presumed that the parties will be held to its terms. It must be fair to hold the couple to the agreement in the circumstances that at the time of divorce the agreement should meet the reasonable financial needs of the couple and their children

Following the decision of the Supreme Court in Radmacher v Granatino in 2010, the courts are likely to consider many factors including if:

  1. The agreement was freely entered into without any unfair pressure from each other or any third party. The agreement is unlikely to be upheld if the court finds any evidence of mistake, duress, undue influence, misrepresentation
  2. The parties have full appreciation of the implications of the agreement. The parties must think about each clause and the consequence this will have. This is why, the general time period for a PMA to be signed is 28 days before the wedding day. This is to allow both parties to think about the terms they are agreeing to and obtain legal advice
  3. The parties have provided each other with full financial disclosure. This is to again allow the parties have a full understanding of the implication of signing the agreement.

Our family lawyers at Hubbard Pegman & Whitney LLP have decades of collective experience assisting people across Hammersmith and West London by taking a pragmatic and realistic view of each of their client’s matters.

Amongst our highly skilled family team we have Primrose Hudson, a Family Consultant Solicitor with over 30 years in Family Law, including experience in divorce and finance. Primrose Hudson works closely with Thanuja Oppilamany.

For further advice and information, get in touch with our divorce solicitors in Hammersmith, London on 02087359770 or fill in our simple contact form.


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