Pre-marital agreements and Pre-nup solicitors, Family Legal

Pre-marital agreements

Solicitors to prepare Pre-marital or Pre-nuptial Agreements - They're not just for the wealthy!

When people marry they acquire the right to make financial claims against each other if the marriage breaks down.

What is a Pre-nuptial or Pre-marital Agreement?

A Pre-nuptial or Pre-marital agreement is a sensible way of recording what assets the parties bring to a marriage and the intention of the couple, at that stage, as to how they would wish to divide those assets should the marriage subsequently break down.

Whilst such agreements are becoming more and more common, at present they do not bind a later court and are not yet legally binding.

However, recent cases have shown that with proper legal advice, mutual financial disclosure and good legal drafting, they are likely to be highly influential in any later separation provided that both parties have entered into the agreement freely, and have been advised fully as to the terms of, and the effect of, signing the agreement. The agreement must be fair in the circumstances and there must not have been any significant change in circumstances after the agreement was prepared such as for example, the birth of a child of the family, or either party becoming seriously ill.

What is a Post-Nuptial Agreement?

A Post-nup is a similar agreement but it is entered into after your marriage

What could be covered in a pre-nuptial agreement?

Pre-marital agreements

Each pre-nuptial agreement is designed to fit to your personal circumstance and includes:

  • How each of you will contribute to rent, mortgage or household bills.
  • How you will deal with any joint bank accounts or debts.
  • How you will deal with any property or the sale proceeds of a property, after paying off any mortgage or sale costs.
  • What will happen to any items you've bought together during your relationship.
  • Maintenance payments for either of you or any children.
  • Who the children will live with and arrangements for seeing the other parent should you separate.

If you are already married, agreements can still be prepared after the wedding date and are known as Post-nuptial agreements. In most cases we can prepare a pre-nuptial or post nuptial agreement for an affordable agreed fixed fee. Family Legal are specialist family law solicitors. we can help you to negotaite the terms of you pre-marital agreement. We can do this in a flexible bespoke way to match your needs and budget.

Why do I need one?

You might wish to consider a pre-nuptial agreement if you are getting married and have property or assets that you wish to protect for yourself or your children.

The law in England and Wales provides the court with a wide discretion as to how to distribute assets amongst separating couples. Unless you take active steps to protect yourself the court could divide up all your assets even those acquired by either party, before marriage, during marriage or even post separation.

A Pre or Post Nup, provided they are drafted properly, can help give you an effective way of putting you in control as to division of assets upon any subsequent marital breakdown.

Family Legal are specialist divorce and family law solicitors. We can advise you of your rights and what to expect when entering into a pre-nuptial agreement, ensuring that it is fair and right for you. Once an agreement has been reached we'll prepare the pre-nuptial document containing all the details you've agreed.

Choosing the right family solicitor is crucial. Call us on 01606 841273 now for a no obligation chat to see if we are the right solicitor for you.

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