Help with Pre and Post-Nups
For any couple deciding to get married or enter into a civil partnership, it’s worth including a Prenuptial Agreement (Pre-nup) in your wedding planning.
A Pre-nup is a contract which regulates what would happen to your properties and finances should you decide to divorce.
While it may seem fatalistic to consider a break-up whilst you are planning your wedding, you should always consider that people change, things happen, and life never stays in one place. Your circumstances could change during your marriage, which could then leave you at a disadvantage if things don’t go to plan.
Prenuptial Agreements are formal written agreements which are signed at least 28 days before your wedding. We recommend beginning the process of obtaining a pre-nup when you start looking for a wedding venue. This provides enough time for you both to find independent legal advice and to ensure that the agreement is fit for purpose. It also provides time for you to find all the information that is needed for a full and frank disclosure of your assets.
We offer a free, 15-minute, pre-bookable phone call with one of our experienced family law team. Alternatively, we offer a fixed £180 fee inc VAT for a 45-minute meeting with one of our highly experienced family team. If you would like some confidential advice about a family legal issue, contact us today to book a meeting.
If you do decide to draw up a Pre-nup it is vital that you ensure that the process has been fair and that the agreement has been drawn up by a qualified solicitor. This is to comply with UK law and will ensure that the agreement is considered valid by the Court.
Jarmans Solicitors also recommends that anyone entering into a second or later life marriage should seriously consider a Prenuptial Agreement. This is because a Pre-nup can ring fence pre-marital assets, removing them from any matrimonial asset pots and saving them for potential inheritances for existing children or loved ones. This advice should also be considered if you are aware that you are likely to receive a significant inheritance or windfall after you have married (these can also be excluded within the agreement).
If you are already married or are due to marry in less than 28 days and feel that you would like a document drawn up to protect your assets, a Postnuptial Agreement can be prepared for you and your spouse. While these are not legally binding in England and Wales, the Court will take it into consideration in the event of a divorce.
If you are planning on getting married or entering into a civil partnership and would like to ensure that yours and your partners assets are protected, contact our team of solicitors to arrange an appointment.
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