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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.
It 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.
- 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.
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.
The costs of preparing a prenuptial or post nuptial agreement depends on the complexity of the financial arrangements and the length of the negotiations.
If you have decided to enter into a prenuptial agreement, this should ideally be completed at least 6 weeks before your wedding. This means you will need to set aside plenty of time to negotiate the agreement and ensure you both fully understand and agree to its terms.
If you decide to enter into a post-nuptial agreement you should do this as soon as possible when the change of circumstances takes place. You should also consider reviewing your agreement periodically to ensure it accurately reflects your present circumstances.
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