Pre and Post Nuptial Agreements

A prenuptial agreement may be the last thing on many couples’ minds when they are just embarking on married life, however an increasing number of couples are entering into both pre and postnuptial agreements to try and provide security, legal protection and reassurance in the event of the unthinkable.

The decision to enter into a nuptial agreement may be the choice of the couple themselves or it may be at the suggestion of family members, trustees or fellow shareholders in family businesses.

Whatever the situation, pre and postnuptial agreements and other relationship agreements (such as co-habitation agreements) can help to avoid unnecessary legal wrangling in the future if and when a relationship breaks down.

Strictly speaking, nuptial agreements are unenforceable as a matter of Cayman Islands Law. However, since the landmark decision of Radmacher v Granatino in 2010 by the English Supreme Court the case law demonstrates that, if properly prepared, the courts will uphold such agreements. Whilst the case law on nuptial agreements is in its’ infancy in the Cayman Islands, it seems that the courts in this jurisdiction will continue to take a similar approach to the English courts.

Nonetheless, it is vitally important to ensure that certain criteria are met in order to give nuptial agreements the optimal chance of being upheld. It is therefore extremely important that pre and postnuptial agreements are prepared and executed properly and that the parties take appropriate (and independent) advice from family law specialists.

We have significant expertise in negotiating and drafting pre-nups, post-nups and co-habitation agreements for a range of individuals whether you are seeking to protect a modest amount of separate property or significant generational wealth, or you are the future spouse of an economically stronger party seeking to ensure a fair agreement. We take great care to tailor our approach to your individual circumstances.

If you have any questions, please don’t hesitate
to get in touch. Call 345-746-5290 or email