If you are preparing for marriage or thinking about entering into a civil partnership, protecting your assets may not be at the top of your 'to do' list.
It may not seem the most romantic gesture, but drawing up a pre-nuptial agreement can be particularly useful when you are embarking on a second or subsequent marriage. In this instance, you may have assets from your previous relationship or perhaps those you have inherited.
A pre-nuptial agreement is a legal agreement entered into before prior to a marriage or civil partnership. The agreement will detail who owns what at the time of marriage and also how the couple intend that those assets should be divided in the event of divorce or separation.ptial agreements
Our expert team can assist you in drawing up pre-nuptial agreements as well as post-nuptial agreements.
Why have a pre-nuptial agreement?
A very good question - since pre-nuptial agreements are not strictly enforceable or legally binding in England and Wales. It is always possible that, if the marriage breaks down, the court will not uphold the terms of the pre-nuptial agreement. Upon divorce, the court has wide discretionary powers to distribute family assets as they see fit, to bring about fairness between the couple. However a pre-nuptial agreement is one of the factors that the court will take into account when exercising its power.
The pre-nuptial agreement is a way of setting out your intentions at the outset of a marriage or civil partnership, so that in the event of a relationship breakdown, misunderstandings can be minimised.
It is particularly relevant where you both have assets and offspring from previous relationships.
A post-nuptial agreement is a similar legal agreement which is entered into after the marriage or civil partnership. It might be entered into before or after separation.
If you are in need of advice on these issues, contact Susan Davies on 01827 317078 or firstname.lastname@example.org.