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A Pre-Nup is an agreement drawn up in anticipation of marriage, setting out what would happen in the event of marriage breakdown. A Pre-Nup is usually upheld by the court unless its overall effect would be considered unfair. Although they are not strictly legally binding, they will stand, provided all the essential elements such as both parties having had legal advice, both parties having had full and frank financial disclosure and appropriate provision being made for children is provided. It is therefore important to have this drawn up correctly by expert Pre-Nup Solicitors. It is also possible to use mediation or collaborative law to come to an agreement about the terms of such an agreement.
A Post- Nuptial is an agreement drawn up after marriage setting out what would happen in the event of marriage breakdown. Again, not strictly legally binding, but if both parties have had full and frank financial disclosure, had legal advice and made appropriate arrangements for any children of the family and the overall effect is not unfair, they are likely to be upheld by the court.
REASONS WHY YOU MAY WANT A PRE OR POST NUPTIAL AGREEMENT AND MATTERS WHICH CAN BE COVERED:
THESE AGREEMENTS ARE FOR YOUR PARTICULAR CIRCUMSTANCES, SO CAN COVER ANYTHING YOU THINK IS RELEVANT TO YOUR CASE