PRE AND POST NUPTIAL AGREEMENTS
- We will look at all the issues that may impact on the terms of the pre-nuptial or post-nuptial agreement, and their importance to you and advise how to address these in the most appropriate, sensitive and cost-effective way.
- We aim to adopt a non-adversarial approach to resolving matters and encourage use of the Collaborative Law model.
- We will consider the options, provide you with guidance and advice and signpost you to other third parties to assist you through the process.
Are pre-nuptial and post-nuptial agreements really relevant for ordinary people?
You would be forgiven for thinking that pre-nuptial agreements and post-nuptial agreements are just for the rich and famous. In fact, they are suitable for most people entering a marriage or Civil Partnership.
Why should I consider a pre-nuptial or post-nuptial agreement?
- When you want to protect pre-acquired assets or wealth;
- To manage the risks, costs and uncertainty of relationships breaking down;
- To minimise the risk of arguments in court if the relationship were to break down and reduce the potential for unpredictable outcomes;
- When both parties have been in previous relationships and there are children from those relationships to consider;
- To meet the requirements of relatives or trustees of family trusts;
- For peace of mind.
What are pre-nuptial and post-nuptial agreements?
- A pre-nuptial agreement is a contract signed before a marriage, setting out what should happen in the event the marriage doesn’t work out.
- A post-nuptial agreement is the same type of contract, but signed after the marriage.
- Pre and post-nuptial agreements have increasingly been given more weight and consideration by the courts.
- The Supreme Court have recently said that, subject to certain requirements being met, pre-nuptial agreements should bind parties unless it would not be fair to uphold the agreement.
- Pre-nuptial agreements are likely to be upheld by the Courts as long as they are deemed to be fair and do not prejudice the reasonable requirements of any children of the marriage.
What process is most appropriate to negotiate a pre-nuptial or post-nuptial agreement?
The Collaborative Model may be the ideal forum to ensure the discussions are transparent, open and focused, thereby avoiding any feeling of mistrust. Our team of family solicitors will advise you on the most appropriate route to negotiating a pre-nuptial or post-nuptial agreement.
For further information, download our factsheet which explains more about pre-nuptial agreements.