Nuptial agreements – are they ironclad?

Are you due to be married and are considering a pre-nuptial agreement? Alternatively, are you currently married and considering a post-nuptial agreement? Nuptial agreements are certainly becoming increasingly popular, with more couples wanting to protect their assets and interests in the event of a divorce. However, it is not always that simple.

The actor, Kevin Costner, has certainly fallen into some difficulties recently in regard to his pre-nuptial agreement with Christine Baumgartner. Costner has claimed that he has complied with his financial obligations under the agreement but Baumgartner has not. It is evident, therefore, that even when the parties have signed a nuptial agreement difficulties can most certainly arise should one party contest that the agreement should be upheld. This serves us a reminder that the enforceability of a nuptial agreement is subject to judicial scrutiny, particularly if it would not be fair to hold either party to the agreement (Radmacher v Granatino [2010]).

As emphasised by Cohen J in Traharne v Limb [2022], it is essential that both parties enter into a nuptial agreement at their own free will and free from any undue influence and/or duress. This falls hand in hand with both parties receiving independent legal advice on the agreement. Whether you are thinking about entering into a nuptial agreement, or your spouse/civil partner is alluding that they would not comply with a nuptial agreement which is already in place, our solicitors here at Lux are experienced in providing detailed and knowledgeable advice in regard to all possibilities.

If you need legal advice surrounding nuptial agreements, please contact us on 02920 197203 to speak to one of our expert family law solicitors.

Please note that further information regarding the case of Traharne v Limb [2022] can be found via Charlotte’s blog here.