Pre/ Post Nuptial Agreements
These days, with people getting married at a later age, they may have assets which were obtained before the start of a relationship or were inherited during the relationship. In the event of a marriage break-down, they may wish to retain those assets. A pre-nuptial agreement sets out how the couple’s assets will be divided should they separate or divorce.
Although pre-nuptial agreements are not legally binding in the UK, they are increasingly being recognised and upheld in the courts, provided certain conditions have been met, and have been enforceable in England and Wales since December 2008.
Our lawyers will help you lay out the terms of the agreement, ensuring fairness to both parties and that your wishes are clearly set out. We would say it is better to have one than not.
Post-nuptial agreements can be entered into by couples who are considering separation; those on second marriages who wish to provide for their children from their first marriage; or to make the terms of any pre-nuptial agreement legally binding.
Again, as with pre-nuptial agreements, certain conditions will need to be met. Our lawyers can discuss these with you and provide advice on the terms of your agreement.
Both a pre and post-nuptial agreement can limit a financial settlement that might otherwise be ordered by a court on a divorce, and it is therefore important to seek specialist legal advice on these agreements.
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