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?
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.
