Pre-Nups and Post-Nups

Such agreements, the subject of recent high-profile Court cases, are becoming more popular among people planning on getting married and who wish to bring clarity and certainty into their financial affairs for the future.

Such agreements are not automatically enforceable by the Courts, but more and more weight is being attached to them. The Courts will take into account certain factors including whether such an agreement was made here or abroad, whether full and open financial disclosure was given by both parties before signing the document, whether both parties had the option to obtain independent legal advice beforehand, provision was made for the support of any children of the relationship and the agreement fully sets out the genuine future intentions of both parties.

You may consider a Pre-Nuptial Agreement is beneficial and a good idea for a number of reasons, including:-

  • To predict as far as possible the outcome of any divorce settlement before you marry.
  • To prevent speculative claims on a short marriage.
  • To protect family assets intended to be passed through the generations.
  • To protect people marrying later in life or for a second or subsequent time.
  • To limit the claims of a second spouse, and so to protect the needs of children from previous relationships/marriages.

If you find that with all the arrangements for the wedding, a Pre-Nuptial Agreement is the one thing you just do not have time to arrange, then it is always possible to do a Post-Nuptial Agreement as soon as possible after the wedding.

We can advise on and draft these agreements.

If you would like to discuss your arrangements in more detail please telephone us on 01452 619008.