Does a prenuptial agreement require court approval?
A property (prenuptial) agreement must be made in writing, and it requires the approval of the family court or the competent religious court, after they are satisfied that the couple entered into it of their own free will and understood its meaning. An agreement made before the marriage may be certified by a notary, and an agreement made before or at the time of the marriage - by the marriage registrar. An agreement made during the marriage, and any amendment of a property agreement, require the approval of the court or the religious tribunal. Professional drafting is essential - agreements prepared without legal advice may be invalid or produce unintended consequences.
What is the advantage of mediation over court proceedings?
Mediation allows the parties to reach agreements quietly and with less hostility, while preserving a functional relationship - especially important when there are shared children. It is faster, more efficient, less expensive, and its outcomes are controlled by the parties rather than left to a judge's discretion.
How is property divided in a divorce?
Under the resource-balancing arrangement, upon dissolution of the marriage each spouse is entitled to half the value of all the couple's assets, including pension rights and savings. Excluded from the balancing are assets owned by either spouse before the marriage, gifts and inheritances, National Insurance benefits and compensation for personal injury, as well as assets the couple agreed in writing not to balance. The arrangement applies unless a property agreement provides otherwise, and in certain circumstances the balancing can be brought forward.
What can be determined in a prenuptial agreement?
Almost every financial aspect of the marriage: separation of assets, maintenance arrangements in the event of separation, division of specific assets, pension rights and more. A prenuptial agreement can be made before or during the marriage, and gives both parties certainty and security.
