Need legal advice relating to a Pre-nuptial Agreement or Post-nuptial Agreement? Our specialist team of family law solicitors are here to help. At Consilia Legal, we have a team of highly experienced family law solicitors led by Laura Clapton who is renowned in the field of Family Law & has a wealth of experience dealing with high net worth matrimonial cases. Our team understand the importance of providing the highest level of service whilst also being understanding of every client’s individual situation.
What is a pre-nuptial agreement?
A pre-nuptial agreement (often called a “prenup”) is an agreement entered into prior to marriage to provide for the protection and division of assets upon a potential future marital breakdown.
They are considered to be the best method of protecting against future consequences if your marriage/ civil partnership were to end.
Such agreements are used to determine the division of assets and belongings and can be an effective method of wealth protection.
Due to current matrimonial laws in England and Wales, the Courts still have the ultimate final decision-making power when it comes to dividing assets on divorce. However, increasingly over the last decade, the Courts have been significantly influenced by the presence of a pre-nuptial agreement subject to the agreement being fair on both parties. It is also important that both parties have entered into the agreement free from pressure and that they fully understand the implications of the agreement.
In order to stand the best possible chance of any pre-nuptial agreement 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 Safeguards include:-
- The exchange of full and frank financial information 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/pre-civil partnership agreements, the agreement should be entered into no later than four 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 dependent children of the family or should either party enter into bankruptcy.
If you have already married or entered into a civil partnership and are seeking to protect against future marital breakdown then you can enter into a postnuptial agreement or post-civil partnership contract.
Nuptial agreements can be effective in protecting 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 would like more information about nuptial agreements or you would like to engage our services, you can contact our family law team on 0113 322 9222 or at enquires@consilialegal.co.uk.
