The recent marriage of Amazon founder Jeff Bezos and journalist Lauren Sanchez has reignited discussions around pre and post nuptial agreements and speculation as to whether the couple entered into such an agreement before their marriage. Given Bezos’ previous divorce settlement, it is more likely than not that they did. Of course not everyone has Bezos billions, but these agreements can play a crucial role in providing clarity and protection for couples with more modest assets.
What are pre and post nuptial agreements?
A pre nuptial agreement is a contract entered into before marriage and which outlines how assets and liabilities will be divided in the event of a subsequent divorce. A post nuptial agreement serves the same purpose, but is created after the marriage.
Why Consider a Pre or post nuptial agreement?
Whilst pre and post nuptial agreements are not presently legally binding in England and Wales, they are increasingly recognised by the Court and their terms upheld, especially when both parties have freely negotiated and disclosed their financial situations in good time before the marriage. When assessing the enforceability of these agreements, the Court will consider factors such as fairness, reasonableness and whether the parties had independent legal advice.
The prospect of negotiating the terms of a pre or post nuptial agreement may seem unattractive to a couple in happier times, but the negotiations can be conducted positively with the help of family lawyers and are particularly suited, although not exclusively, to a Collaborative setting.
If you are interested in receiving advice regarding pre and post nuptial agreements and would like to know more about to Collaborative work then please contact our family team in our Hinckley office on 01455 610747 or our Leamington Spa office on 01926 887700
For couples considering marriage, engaging with a family solicitor at an early stage can help navigate the complexities of drafting an effective agreement which aligns with the couples needs and aligns with legal requirements.
Our blogs and articles are not meant to serve as legal advice for any specific issue. The author assumes no responsibility for the accuracy of the content or any consequences that may arise from relying on it.