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Pre & Post Nuptial Agreements

A prenuptial or postnuptial agreement is an agreement that is made before or after a couple gets married, and sets out how their financial assets and income should be divided if they were to separate and/or get a divorce.

Family & matrimonial team at Ridley & Hall SolicitorsIt sets out both of your rights to all of your possessions that were brought into the marriage or acquired individually – for example, either through inheritance or those that were purchased together.

What can be included in a pre or post nuptial agreement?

The agreement can deal with the division of assets and income and outline how these should be dealt with if you were to get divorced. It can also set out how your assets are to be held during your marriage, and you may also want to consider how you would deal with a change in circumstances during your marriage – for example, what would happen in the event of illness, loss of income, children born in the future, and the acquisition of future assets.

It is important that the provisions in the agreement are clear, precise, and contain as much detail as necessary. You will need specialist legal advice to prepare your pre or post nuptial agreement. If you and your partner have each taken independent legal advice then it is more likely to be taken into account by the Court if you should find yourself embarking on a Divorce.

Our specialist Solicitors can prepare both simple or complex agreements, depending on what will suit your personal circumstances and the value of the assets to be protected.

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We understand it can be difficult to see a family lawyer due to work commitments, we like to go the extra mile for our you and help where we can.

Why do I need a pre or post nuptial agreement?
  • Are you getting married for the first time and bringing assets or significant income into the marriage?
  • If this is your second marriage, do you want to protect the financial settlement you received from your first marriage OR do you need to protect children form a previous relationship?
  • Have you generated significant wealth during your working life and do you want to ensure you have something to leave in your will for your children?
  • Do you have business interests and/or business partners who need to be protected?
  • Are you concerned about a lengthy court dispute over your assets in the event your marriage was to come to an end?
  • Are you a widow or widower thinking about getting married again and would like to protect your possessions?
  • Do you have a high earning capacity and wish to cap maintenance provisos, which in the event of divorce could be made to your partner?

Our Solicitors will advise you whether you would benefit from a pre or post nuptial agreement.

WE ARE NOW OFFERING EARLY MORNING, LUNCHTIME AND EVENING TELEPHONE FAMILY LAW APPOINTMENTS. Complete our website enquiry form.

We understand it can be difficult to see a family lawyer due to work commitments, we like to go the extra mile for our you and help where we can.

Are Pre or post nuptial agreements binding?

They are NOT legally binding but the Court will try to impose the terms of a pre or post nuptial agreement if it was prepared in the right way and is fair and reasonable in the circumstances. The Court will take into consideration;

  • Whether you or your partner took independent legal advice when making the agreement.
  • Whether you or your partner were under pressure to sign the agreement.
  • Whether you both provided financial disclosure of your assets.
  • Whether the person who had the most to lose understand the terms of the prenuptial agreement.
  • Whether it would be unfair if the prenuptial agreement was upheld.

You will both need to take independent legal advice from a specialist Family solicitor throughout the process.

WE ARE NOW OFFERING EARLY MORNING, LUNCHTIME AND EVENING TELEPHONE FAMILY LAW APPOINTMENTS. Complete our website enquiry form.

We understand it can be difficult to see a family lawyer due to work commitments, we like to go the extra mile for our you and help where we can.

How much will a pre or post nuptial Agreement cost?

The costs of preparing a prenuptial agreement depend on the complexity of the financial arrangements and the length of the negotiations.

If you have decided to enter into a prenuptial agreement, you should ideally do this as soon as possible before your wedding as you will need to set aside some time to negotiate the agreement and ensure you both fully understand and agree to its terms.

WE ARE NOW OFFERING EARLY MORNING, LUNCHTIME AND EVENING TELEPHONE FAMILY LAW APPOINTMENTS. Complete our website enquiry form.

We understand it can be difficult to see a family lawyer due to work commitments, we like to go the extra mile for our you and help where we can

Early morning, lunchtime & evening telephone appointments available

We understand it can be difficult to see a family lawyer due to work commitments, we like to go the extra mile for you and help where we can.

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