Pre & Post
Pre-nuptial agreements (often called pre-nups) are increasingly recognised as a way in which couples intending marriage or a civil partnership can agree the division of their assets in the unfortunate event of the marriage or civil partnership breaking down.
At present pre-nups are not fully recognised as legally binding by the courts but a fair agreement made with good legal advice in the absence of changes in circumstances can usually be upheld and a carefully prepared agreement, with good legal advice, will always be persuasive evidence of the intentions of the parties. Pre-nups are likely to be given full force in the foreseeable future as a result of consultations which are taking place between the legal profession and the Government.
Pre-nups can help avoid long and acrimonious litigation on breakdown. They are therefore a very useful means of defining the parties separate property and their entitlement to any agreement to divide or ring fence assets, if there is a divorce or dissolution later.
Pre-nups can be particularly helpful where a party entering a second marriage or civil partnership wishes to define his or her assets and protect the interests of children of the previous relationship.
If you are already married or in a civil partnership and feel you would have benefited from a pre-nup you and your partner can enter into a post-nup agreement.
Davey Law’s experienced family lawyers can advise you on the pros and cons of entering a pre-nup or post-nup and on the timing of making an agreement. They can also advise on whether an existing agreement is fair or likely to be enforceable.
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