Pre-Post Nuptial Agreements

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PRE-NUPTIAL AGREEMENTS  

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. 

POST-NUPTIAL AGREEMENTS

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:

• To avoid uncertainty and arguments over finances if your relationship ends 
• To protect money or assets that you have inherited and want to stay within your family
• To preserve assets for any children from a previous relationship
• To ensure you retain control of a business
• To protect yourself from being liable for any debts your partner has
• To clarify what should happen to pensions on separation
• To clarify what you should happen to any current liabilities on separation. 
• What practical or financial arrangements need to be made for the children now or in the future.
• To consider what events may require a review of the agreement 

THESE AGREEMENTS ARE FOR YOUR PARTICULAR CIRCUMSTANCES, SO CAN COVER ANYTHING YOU THINK IS RELEVANT TO YOUR CASE