Most people understand the term pre-nuptial agreement although it is possible to enter into a post nuptial agreement after marriage. lawyers tend to refer to the agreements therefore as nuptial agreements. Whilst they still tend to be viewed as unromantic, nuptial agreements are often a pragmatic option for a variety of reasons ranging from parties entering into a second marriage with their own assets and children from a previous relationship in mind or alternatively they are often used to protect assets, such as businesses from the risk of a financial claim on a marital breakdown. A nuptial agreement can help minimise the costs associated with divorce proceedings in the long run as in the main the most expensive element to any divorce is resolving who gets what in the financial settlement.
Important Facts
Nuptial agreements will be generally upheld by the courts if they are fair and sensible. To ensure that they remain so during the marriage, both parties need to periodically seek legal advice to ensure that the agreements remains fit for its original purpose.
If you would like to consider drawing up a prenuptial agreement, we can assist you. Both parties must:
- Seek their own independent legal advice before entering into the agreement.
- Fully disclose to the other a true picture of their financial means and circumstances, the summary of such means being attached to the agreement.
- Bear in mind that on divorce or dissolution, a court looking to review an arrangement will want to see if it leads to a fair division, on a basis of equality and if not, why not?
- If in the case of a pre-nuptial agreement, enter into at the agreement at the very least 21 days before the date of the marriage itself.
Nuptial agreements must be drawn up by a qualified solicitor.
What we can do
We routinely draft nuptial agreements tailored to meet your specific requirements so long as these are legally permissible.
Please email us at familyandrelationships@glazerdelmar.com or call 020 8299 0021 if you would like more information about making a prenuptial or pre- civil partnership agreement.