Pre Nuptial and Post Nuptial Agreements
Are you looking to protect your assets in the event that your marriage may break down? If so then a prenuptial or post nuptial agreement may be the solution.
A prenuptial agreement is entered into by a couple prior to their marriage or civil partnership and sets out what they intend to happen to their assets if they were to divorce in the future. A postnuptial agreement is a very similar agreement entered into by a couple after their marriage or civil partnership has already taken place.
Unlike some other countries around the world, there is no set calculator in the jurisdiction of England and Wales that would determine exactly what a financial settlement would look like upon a divorce or dissolution. The courts in this jurisdiction have a wide discretion based on certain factors that our experts can help navigate you through. Presently, a pre or post nuptial agreement falls under one of those factors and does not in itself legally bind both spouses. However, the courts take the approach that a properly considered prenuptial agreement, with legal advice, should be adhered to unless that would be unfair.
If you are considering a prenuptial agreement, timing is important. It is wise to seek legal advice at least 5 or 6 months prior to the marriage and perhaps earlier if there are substantial assets.
