Pre and Post Nuptial Agreements
A pre-nuptial agreement can help protect assets you have accrued prior to meeting your partner. It can also help ensure you both have properly drafted Wills to protect those assets or property by setting your desires out clearly and unambiguously.
A pre-nuptial agreement is a document that clearly details a couple’s intentions with regard to any property, assets, debts and income. It can also contain intentions with relation to any children.
Is A Pre-Nuptial Agreement Necessary?
There is no binding force under the law in England where pre-nuptial agreements are concerned. However, the courts are changing their attitudes towards both pre-nuptial and separation agreements and often take them into account when asked to settle issues between separating couples.
If you are getting married and have assets and property that you own before you got together with your partner, then you may wish to protect these assets. Especially if you have children. Or if you are about to remarry and wish to protect your assets from your previous marriage/marriages.
A pre-nuptial agreement will make clear from the outset what you want to happen to the property and assets without a protracted legal battle.
An agreement is more likely to be upheld in court if both parties have received independent legal advice before entering into the agreement. It should also contain full disclosure of all your financial affairs.
What Is A Post-Nuptial Agreement?
If you are already married and you want to protect your assets, you can obtain a post-nuptial agreement that acts in the same way. Again, you should both seek legal advice to ensure you completely understand the terms and implications of the document you are about to sign.
How Integra Solicitors Can Help
Integra’s family law team is here to advise you on all aspects of pre and post-nuptial agreements including any issues that relate to children from a previous relationship. Contact us today for a consultation.
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