Pre & Post Nuptial
Agreements
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Pre and post nuptial agreements can provide for a future breakdown of a marriage or civil partnership.
A pre nuptial agreement is entered into before marriage and a post nuptial agreement can be entered into any time after the marriage. Such agreements can provide certainty, peace of mind and protect pre acquired, inherited or gifted assets.
Criteria
Although pre and post nuptial agreements are not absolutely binding under English Law, the court will seek to apply them if the following criteria are met:
- That both parties have taken separate legal advice;
- That neither party is under undue influence to enter into the agreement;
- That the terms of the agreement are fair;
- That both parties have disclosed their current and likely financial positions to the other; and
- That the agreement is being entered into at least 28 days before the wedding
In addition to the above, consideration will be given to whether the needs of the financially weaker party have been met. If not, the court can depart from the original agreement.
Whatever your circumstances, our team have the expertise and skills to help you consider whether a pre or post nuptial agreement is necessary and proportionate and can prepare or advise on such an agreement in a way which is sensitive and non-confrontational.
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