Marriage or civil partnership is not only an emotional union, it’s a financial one and if the worst happens you’ll want to be prepared. Do you own more than your partner and are you concerned about what may happen to those assets if your marriage breaks down? Perhaps you are getting married for a second time, or have received an inheritance and want to protect your assets for your children. Our experienced solicitors are here to help.
Recent precedents set by some high profile cases have made it clear that prenuptial agreement and post-nuptial agreement are now very much encouraged by the Courts, and judges will seek to implement their effect in most cases.
When a marriage breaks down a discretionary regime allows each case to be dealt with on its own merits. This can potentially be expensive and in many cases does not provide an easily predictable outcome.
Any person about to enter into a marriage is advised to enter into a prenuptial agreement prior to that marriage if they want the best certainty of outcome on a subsequent divorce. Amongst other things, it is important that you take legal advice and sign a prenuptial agreement as far in advance of the wedding as you can to reduce the risk of a court determining the agreement unenforceable.
These agreements are similar to prenuptial agreements but are prepared after the marriage or civil partnership has taken place. The agreement will set out a legal framework of what will happen to your assets in the event of separation.
We can advise how best to affect either a prenuptial or postnuptial agreement in a way which is fair, clear and dignified for both parties. In addition, it is now the case that an agreement made after the marriage (a post-nuptial agreement), provided it is properly entered into, can significantly influence a subsequent divorce settlement.
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Our experienced family law and divorce solicitors can advise you on all aspects of your relationship, a relationship breakdown or even a new relationship.
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