With the exciting news of Prince William and Kate Middleton's engagement there has been no end of discussion about the wedding venue, dress and guest lists etc. One question which should also be considered is whether the Prince and his future bride enter into a pre-nuptial agreement.
The subject of pre-nuptial agreements is a sensitive one and many newly engaged couples feel it removes the romantic element of marriage and undermines the vows they make to one another.
The future is never certain and it is wise for both parties to protect themselves in case sadly the relationship falls apart.
A pre-nuptial agreement is an agreement a couple enter into before they get married setting out what happens should the marriage end. The contents of such an agreement can vary depending on the couple's circumstances but will usually state how property and finances should be divided, whether there is to be any spousal support and financial maintenance for any children.
Strictly speaking pre-nuptial agreements are not binding in England and Wales but following the recent case of Radmacher - v - Granatiano the take up of pre-nuptial agreements is likely to increase. In this particular case the Court agreed that the pre nuptial agreement was binding. The decision does not mean that all pre nuptial agreements will be binding but that in the right circumstances pre nuptial agreements can be relied upon.
If you wish to consider a pre-nuptial agreement then please contact Tim Giles in the Family Department.
There is no evidence of a British Royal couple having entered into a pre-nuptial agreement in the past but given that Kate and Prince William are a modern Royal couple will they be the first to break the norm?
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