Pre nuptial agreements & Pre civil partnerships contracts
A pre nuptial agreement (often called a "pre nup") is an agreement entered into prior to marriage to provide for the protection and division of assets upon a potential future marital breakdown.
Unlike commercial contracts such agreements are not 100% legally enforceable however they are increasingly worthwhile due to the weight that the Courts have given to pre nuptial agreements over the course of the last 6 years. They are considered to be the best method of protecting against future consequences if your marriage/ civil partnership fails.
Such agreements are used to determine the division of assets and beloningings and can be an effective method of wealth protection.
In order to stand the best possible chance of being upheld against any subsequent challenge, we advise that the agreement needs to be entered into subject to legal safeguards as set out in recent judgments of the Higher Courts. These include:-
- an exchange of full and frank financial disclosure between you and your partner prior to entering into the terms of the agreement;
- You both have independent legal advice prior to entering into the agreement;
- In the case of pre-nuptial/re-civil partnership agreements, the agreement should be entered into no later than three weeks prior to the date of the marriage/civil partnership;
- The agreement should include the provision for review at certain future points for example after 5 years and/or the birth or adoption of any minor dependant children of the family.
If you have already married or entered into a civil partnerhips and are seeking to protect against future marital breakdown then you can enter into a post nuptial agreement or post civil partnership contract.
A good way of thinking about pre and post nuptial agreements is that they are like an insurance policy. They can also be used to protect assets likely to be received by way of future inheritance and to protect your interests if you are marrying or have married/entered into a civil partnership for a second or subsequent time.
If you are thinking about entering into either a pre/post nuptial agreement or pre/post civil partnerhips contract please contact us for a free initial telephone consultation on 0113 322 9222 or email firstname.lastname@example.org
We understand that you will want to have an initial conversation with one of our family experts to see how we can help you. This is why we offer a free consultation to assess your needs and to see how we can assist.
For a no obligation, free initial consultation please call us on 0113 322 9222 or email email@example.com and request a call back.
Who we are
Our highly experienced family solicitors work with you in the best way for you. As accredited mediators, collaborative lawyers and experienced litigators we can assist you by whatever method is needed for your situation. We know that every family situation is different and we pride ourselves in finding creative solutions which best work for you and your children. MEET THE TEAM
How we can help
Our experienced family & divorce solicitors can advise, guide and assist you in all aspects of private family law including:-
- Divorce/Civil Partnership Dissolution;
- Finances associated with your marriage through for example, voluntary negotiations, mediation, collaborative law or court proceedings;
- Children Act proceedings under the Child Arrangement Programme;
- Schedule 1 Children Act applications;
- Pre and post nuptial agreements/ Pre and post civil partnership agreements;
- Deeds of separation and Consent Orders;
- International family law;
- TOLATA cases e.g. cohabitee disputes.
- Cohabitation contracts/Living together agreements
For more information or to arrange a consultation please contact us on 0113 322 9222 or email firstname.lastname@example.org
Our head office is in Leeds City Centre and we also have offices in North Yorkshire, Harrogate. See Contact Us page for full details.
We represent clients all over the country as well as expats living overseas. If you would like to find out if we can help you, please contact us on 0113 322 9222.
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