If you are thinking of getting married and you are concerned about the affect this may have on your financial position then you should give serious consideration to a Pre-Nuptial Agreement – it is an easy and straight forward way of getting the peace of mind you need.
A pre-nuptial agreement is a legal agreement made between two individuals before their marriage has been celebrated. The agreement sets out how the couple will divide their assets if they later divorce.
A well drafted Pre-Nuptial Agreement can set out exactly what is to be kept separate and what is to be shared. It can deal with all of your assets or address a selected few. The aim is to avoid confusion or disagreement in the future, so that you can both enter into the marriage feeling safe and secure knowing that if things do not work out there is no uncertainty or potential conflict ahead, which there can be with divorce proceedings.
The court’s approach to Pre-Nuptial Agreements is that they should be upheld as long as certain conditions have been satisfied. This is a great step forward and makes Pre-Nuptial Agreements an essential document for any couple wishing to set out how their assets should be divided in the unfortunate event that the marriage does not work out.
Our team of specialists are experienced in the preparation of Pre-Nuptial Agreements. We can advise on the legal requirements to ensure that once prepared, couples are able to look to the future with confidence that the Pre-Nuptial Agreement will be recognised and upheld by the court. This provides far more certainty than has ever existed in the past and it is something all couples should consider before their marriage, no matter how modest or considerable their asset base is.
A Post-Nuptial Agreement, also known as a Post-Marital Agreement, is similar to a Pre-Nuptial Agreement, however it is entered into by the parties after the marriage has been celebrated. It has the same purpose as a Pre-Nuptial Agreement, as it aims to determine how the parties’ assets will be divided on separation. There are important safeguards to follow to ensure that a Post-Nuptial Agreement is considered enforceable by the Court. Our specialist advisors can provide further guidance and answer any questions you have.
If you require any further information about the Pre-Nuptial or Post-Nuptial Agreements then please do not hesitate to contact our matrimonial team.