Though many people do not like to think about what might happen in the event that their marriage or civil partnership fails at some point in the future, it can make a lot of sense to make plans for just such an event right from the outset.
In some cases, one or both of the parties may have been married before or you may have acquired assets in your own right before you met your future spouse/civil partner. Alternatively, you may be expecting to receive an inheritance which you wish to protect or you may simply decide that you want to make plans for what will happen in the event that you do separate so that you can avoid having to make those decisions later when you may be feeling stressed and emotional.
A pre-nuptial agreement is not automatically legally binding. However if you are open and honest with each other about your financial positions and both parties receive legal advice before the agreement is signed, the court will give consideration to the pre-nuptial agreement and it will be strong evidence of your intention. The court will be reluctant to depart from what has been agreed unless there is evidence that one of the parties signed under influence or duress, the parties did not understand the full implications at the time that the agreement was signed, the needs of one of the parties is not met and/or it would be unfair to hold the parties to the agreement. For these reasons, it is important to seek legal advice to minimise the likelihood that any of these factors will apply and to ensure that the agreement is more likely to be binding in the event that the marriage does break down.
We will take information from you about what has been agreed, give you advice about the terms of the agreement and whether it is likely to be seen as fair and we can draft the pre-nuptial agreement for you.
Unlike a pre-nuptial agreement which is entered into before a marriage (or civil partnership), you may decide to enter into a post-nuptial agreement during the course of a marriage (or civil partnership) instead.
There could be a variety of reasons for this. For instance, you may not have had the time or inclination to consider an agreement at the commencement of the marriage but now feel it prudent to do so.
A post-nuptial agreement can deal with a variety of issues in the event of a breakdown of the marriage or civil partnership including where you will live, what will happen to property, who will pay for outgoings, what will happen to joint bank accounts and payment of maintenance.
The Court will give a lot of weight to a correctly executed post nuptial agreement as it will be strong evidence of the parties’ intention. However, there are exceptions. These include the lack of full and frank financial disclosure or independent legal advice. It is therefore important to ensure that you seek legal advice if you are considering entering into a post-nuptial agreement to give you the best chance of ensuring that the agreement can be relied upon when it really matters.
We will take information from you about what has been agreed, give you advice about the terms which have been agreed and whether it is likely to be seen as fair and we can draft the post-nuptial agreement for you.
Free information meeting
We are pleased to offer all potential new clients a free, no obligation information meeting.
The meeting will not normally be longer than 20-30 minutes and is designed to give us the opportunity to take a little bit more information from you and give you a general overview of what we can do to help and how much it might cost.
We find that this works very well because it allows you to make an informed decision about whether to engage our services and gives you the opportunity to establish an immediate relationship with us in person.
We are able to offer very competitive, cost effective and flexible packages to suit your individual needs dependent upon how much or how little you would like us to do for you.