Pre-Nuptial Agreement Specialists
Money can be a very emotionally charged subject, so it is worth understanding both parties views on it before getting married or entering into a Civil Partnership – this is just where a Pre-Nuptial Agreement can help.
If you’re getting married or entering into a Civil Partnership and considering whether a Pre-Nuptial Agreement is right for you, then we can help. We can look at your individual situation and help you to consider what assets you might like to protect on entering into marriage. For example, if you have children from a previous marriage you may wish to protect assets for them. Whatever your circumstances we can help you to come up with an agreement that suits both you and your partner so that you can have peace of mind going forward.
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As specialist lawyers, with over 20 years of experience, we are here to help you with your family law needs. If you need help with legal issues relating to children, advice around divorce, help with making a will or dealing with a loved one's estate through probate, we are here to help.
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What can I expect?
Pre-nuptial agreement are still not directly enforceable in English law. However, should such a written agreement be properly executed and all the parties properly advised, a pre-nuptial agreement can be a qualifying agreement and treated as a relevant factor in any subsequent claim for financial provision on the breakdown of the marriage or civil partnership. These qualifying agreements are becoming highly persuasive in financial breakdown of marriage and civil partnership.
Key facts about Pre-Nuptial Agreements
If your marriage or civil partnership breaks down and you need to call on your pre-nuptial agreement the following points will be considered by the court, when deciding if it’s a qualifying agreement:
- The timing of the pre-nuptial agreement before the wedding
- The parties entered freely into the agreement without any sense of duress
- The agreement was actively negotiated without imposition
- The parties received legal advice on the terms of the agreement
- There was full and frank financial disclosure before the agreement was made
What happens if I get a divorce or civil partnership dissolution?
No agreement between the parties can override the legislation or prevent the judge from deciding on the appropriate division of assets on a divorce. This means a pre-nuptial agreement cannot stop a spouse applying to the court for financial provision from the other spouse. Any “waiver” of the right to apply to the court for financial provision in an agreement will not be effective.
How would a judge view a Pre-Nuptial agreement?
The significance of a Pre-Nuptial agreement is as a relevant circumstance of the case, to be weighed by the judge. A Pre-Nuptial agreement will have a substantial impact on the judge’s decision in many cases. The Supreme Court said in Radmacher v Granatino that the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.