The Review has joined forces with local solicitors Debenhams Ottaway to offer our readers the best legal advice.

Below Richard M Gilbert, Senior Associate Solicitor at Debenhams Ottaway answers questions on pre nuptial agreements.

What is a pre nuptial agreement?

It is a written contract between two people prior to a marriage or civil partnership (all future references to marriage in the following answers includes civil partnerships as well) which sets out the couple’s agreement in case the relationship fails.

It will usually deal with the division of current individual assets, future earnings, and property.

Is a pre nuptial agreement binding?

In England & Wales the general rule has been that such agreements are not binding and are only persuasive to a court in the event of a couple getting divorced.

However, with the recent decision by the Supreme Court in Radmacher v. Granatino pre nuptial agreements are more likely to hold more weight than before.

However, how much weight will depend on the circumstance of each case and whether the agreement produces a fair result.

Why would you want to enter into a pre nuptial agreement? Reasons for entering into a pre nuptial agreement vary.

You might want one because

• you have received family money at the start of the marriage and wish to protect it

• you have been married before and want to protect the assets you are bringing into your latest marriage

• you have children from a previous relationship and want to preserve your assets for those children

• there is an international dimension to your marriage and you want to reserve the right to hunt around for the best jurisdiction to get divorced in should your marriage fail

• you are a reconciled divorced couple

• you may require a religious divorce such as a Get (Jewish Divorce) or Talaq (Islamic Divorce).

What should I do to ensure a pre nuptial holds weight?

In order for it to be binding a pre nuptial agreement must be in writing and signed by by you and your partner.

Both of you must provide full and frank financial information to one another and attach a schedule of that information to the pre nuptial agreement.

You should both receive independent legal advice from one another and the agreement must be precise and deal with those assets referred to in the schedule.

The agreement must be entered into no later than 21 days before the marriage or civil partnership, so that the weaker party cannot be coerced into entering into the pre nuptial agreement with the threat that the wedding or civil partnership will be called off if they do not sign.

It should be noted that a pre nuptial agreement is likely to have a limited shelf life the longer the marriage lasts.

Therefore, a pre nuptial agreement could provide that you will renegotiate the terms of the agreement after a certain number of years and it should certainly be reviewed if you have children or suffer an accident or serious disability.

So should I enter into a pre nuptial agreement? This will depend on your circumstances.

Whatever, you decide you must ensure that it is prepared correctly and in accordance with current legislation and case law at the time.