Pre and Post-nuptial Agreements may seem initially unromantic. However, with people marrying later in life, having already accumulated property and assets, and second and third marriages on the rise, it is sensible to agree how assets will be divided in advance of a possible divorce.
Our Family Law Solicitors will ensure your pre or post nuptial agreement has the best chance of being upheld by the Court. We will ensure you and your spouse receive independent legal advice and provide practical guidance on ensuring the final draft of the nuptial agreement is fair, both now and considering likely future events such as children being born.
You can be confident that by instructing us to advise you on drafting and/or signing a pre- or postnuptial agreement, the agreement is likely to be upheld and be fair to everyone affected.
Are Pre and Post-nuptial Agreements legally enforceable?
Neither Pre and Post-nuptial Agreements are legally binding; however, in the landmark case of Radmacher v Granatino [2010] UKSC 42, the Supreme Court held that an agreement is likely to be upheld if:
a) It is freely entered into,
b) Both parties fully appreciate the effects of the agreement, and
c) In the current circumstances, it is fair to hold both parties to the agreement.
What is the difference between a pre- and postnuptial agreement?
A prenuptial agreement is entered into before the marriage takes place. A postnuptial agreement, on the other hand, is drafted and signed when both parties are married to each other.
Listen to what you want to achieve
We will listen to you and help you define what you want to achieve with a pre- or postnuptial agreement.
Draft a robust agreement that will be given weight by the Court
You can be confident that when we draft a pre- or postnuptial agreement, we will have completed the groundwork to ensure that its contents are fair and are likely to be given weight by the Court.
Provide independent legal advice
All parties to a pre- or postnuptial agreement must receive independent legal advice before they sign, otherwise the Court is unlikely to attach any weight to it. Our Family Law Solicitors will advise you on the consequences of signing the proposed agreement in a practical, straightforward manner.
Protect your best interests
If aspects of the proposed pre- or postnuptial agreement are not in your best interests, we will tell you so and negotiate a better deal.
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