A pre-nuptial agreement is an agreement that is entered into by couples before they marry. The Agreement sets out how assets, income and pensions should be divided in the event that the marriage subsequently breaks down.
Pre-Nuptial Agreements have been in the headlines recently. Our Solicitors can help you forward plan as to what might happen if a marriage breaks down. It may not seem very romantic, but protecting your pre-existing assets from a later spouse’s claims should be considered. It can also flush out any problems before marriage.
If people live together as a couple, or marry, or have children, a clear understanding of legal rights and responsibilities will avoid future misunderstandings.
In the past, Pre-Nuptial Agreements may have been seen as relevant only to rich American film stars. In fact they are becoming much more common in England. Recent Court cases have found that their terms are more likely to be upheld than was previously the case, although this will depend on the particular circumstances of each case.
Pre-Nuptial Agreements are more relevant where there is a higher level of pre-marriage assets and are particularly useful in cases of second marriages, etc.
If a Pre-Nuptial Agreement is going to be entered into then it should be done well in advance of the marriage in order to avoid any suggestion of duress, at least 28 days but months before is best.
The Agreement is prepared after both parties have, ideally, provided each other with information about the value of assets they currently hold and have both taken independent legal advice.
If children are born during the marriage, their needs and particularly housing needs do need to be taken into account in a pre-nup. Many pre-nups will include a review clause in the event of birth of a child, or other major life changing events.
Our team of Solicitors have all concluded pre-nuptial agreements in recent years. Contact us to discuss these issues and we will be able to advise you on the likely costs and procedure. We offer an initial fixed price interview that our clients find extremely informative and enables you to decide the next step.
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