Pre-Nuptial and
Post-Nuptial Agreements
Whilst many people enter into marriage with the intention of staying together forever, sadly life doesn’t always pan out this way.
A prenuptial agreement is a document created to provide you with greater financial certainty should your relationship break down and end in a divorce. It provides you with peace of mind that your assets will be protected. The agreement details how your property, businesses and finances will be divided if you choose to separate, and it covers everything from earnings to inheritances to gifts.
If you are already married, you can still create a formal document to protect your assets however this will be known as a postnuptial agreement.
Contact our solicitors today to discuss the options available to you.
When should I consider entering into a pre-nuptial agreement?
Our family solicitors advise our clients to consider a pre-nuptial agreement if:
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You have substantially greater capital or income than the other;
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You wish to protect your assets you own prior to marriage – including inheritances or family trusts;
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You would like to protect business assets;
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You have property in another jurisdiction that you would like to protect;
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You have children from a previous relationship/marriage and would like to protect assets for inheritance planning.
Currently, pre-nuptial agreements are not strictly binding however they are a great starting point for the court to consider the division of assets following a divorce or end of a civil partnership. It provides evidence of the couple’s intentions at the outset of the relationship and of the assets each bought to the marriage or civil partnership.
What will make an agreement more likely to be upheld in court?
This will depend on a number of factors, such as;
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Whether both parties had independent legal advice prior to entering into the agreement;
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Whether there was full financial disclosure by both parties;
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Whether both parties understood the terms of the agreement;
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That neither party felt pressurised by the other party to enter into the agreement;
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How long ago the agreement was signed and the impact of the terms;
What can a post nuptial agreement include?
This is a bespoke document drawn up for the parties particular circumstances, contact our solicitors today to discuss what types of provisions are likely to be enforceable.
An example of what most of our clients think about when deciding how they would like to arrange their finances in the event of a separation or divorce.
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What will happen to any property bought into the marriage;
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What will happen to any property given to you or inherited during the marriage;
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What will happen to the family home;
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What will happen to personal belongings owned before marriage;
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What will happen to any savings prior to marriage;
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What will happen to money saved during marriage;
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What will happen to money held in joint accounts;
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How are debts dealt with;
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What kind of arrangements can be made for any children you have or are likely to have.
Contact us today!
At UK Family Law Solicitors our solicitors have handled a great range of child matters.
Our expert family solicitors can help provide you with advice to help you decide the best possible way to protect your assets in the future. Contact us today to get started.