Pre & Post
Nuptial Agreements

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.

Get in touch

For further information about our services or to make an appointment please contact:

Michael Brady

mbrady@daveylaw.co.uk

01285 654875

Julie Long

jlong@daveylaw.co.uk

01452 508800

Your locally trusted Solicitors serving the people of Gloucestershire