Pre Nuptual and Pre Civil Partnership Agreements
Any couple who brings personal or business assets into a marriage or civil partnership can benefit from a pre-nup. This is especially important today with the average age for entering into marriage getting older (36.5 years for men, 34 years for women) along with 42% of marriages unfortunately ending in divorce (office of national statistics 2012).
A prenuptial or pre-civil partnership agreement makes clear provisions as to how joint and individual assets accrued prior to or after the marriage/civil partnership should be divided in the event of a divorce or dissolution, including any inheritance, debt and income resources.
Within England and Wales prenuptial agreements are binding within divorce as long as both parties entered into the agreement freely and they have a clear understanding of the consequence of the agreement in the event of relationship breakdown.
Acting on behalf of a bride or groom-to-be we specialise in negotiating and drafting comprehensive prenuptial and pre-civil partnership agreements tailored to our clients’ individual needs.
We ensure that the agreement accommodates our clients’ best interests and that both parties have full knowledge and understanding of the terms and effect of the agreement before it is entered into. We also ensure that our clients are aware of additional steps which may need to be taken in the future if there is a change in circumstances.
If a marriage does breakdown and there is a prenuptial agreement in place, the Family Court will give full consideration to the terms of the prenuptial agreement when deciding upon the settlement of assets and income between the spouses. The existence of a prenuptial or pre-civil partnership agreement should dramatically reduce the legal costs relating to obtaining a Financial Order upon the break down of their marriage or civil partnership than if there wasn’t one on place.
If you and your bride or groom-to-be require a prenuptial agreement we advise you to contact us at least 3 months prior to your wedding day.
However, in the event that you cannot please do not worry as you and your husband or wife can instead enter into a postnuptial agreement which we can negotiate and draft at Laceys.
For further advice on pre-nups please contact one of our team today to see how we can help.