Pre-Nuptial and Post-Nuptial Agreements

Whilst discussing what may happen if you and your partner/spouse separate may not be the most romantic of conversations it is sometimes sensible to ensure that certain financial assets are secured for your future. Especially if there is an imbalance of assets.

What is a pre-nuptial agreement?

This is something that is made between two parties before marriage. It can be used to set out how you and your partner wish your assets to be divided if you later separate or divorce and attempt to reduce any uncertainty and arguments over finances. Whilst they may not be legally binding, they remain persuasive evidence in financial proceedings, especially if both parties received independent legal advice when entering into the agreement.

The general rule is that the Court should give effect to an agreement freely entered into by the parties unless in the circumstances of that case it would not be fair to hold the parties to their agreement.

What is a post-nuptial agreement?

This is where you reach an agreement on assets and finances after marriage to give you peace of mind. The agreements can cover all assets or just those that you want to protect.

Should I get a pre-nuptial agreement?

These agreements can be useful if :

  • You are entering into a marriage where either yourself or your partner has a significant amount of financial liabilities or debts,
  • You are entering into a marriage where either yourself or your partner already have assets to protect such as a business or property,
  • You or your partner have children from a previous marriage and you wish to preserve the assets for the children from that marriage

Our family team can advise you of your options, we have worked on a variety of cases including many high net worth matters.

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Antony Ball Legal Director
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