Pre-Nuptial Agreement Solicitors
What is a Pre-Nuptial Agreement?
A Pre-Nuptial Agreement is an agreement signed before marriage that clarifies exactly how assets and possessions should be distributed between partners should a marriage unfortunately break down. It is a written contract that is signed before a couple get married.
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Is a Pre-Nuptial Agreement legally binding?
Pre-Nuptial Agreements are not legally enforceable in the United Kingdom, but the courts do see them as influential. In a recent ruling, the fair distribution of assets can be assessed and governed by a Pre-Nuptial Agreement – and they are becoming more and more popular.
The following guidelines must be adhered to when organising a Pre-Nuptial Agreement to ensure it has standing in the event of a separation and divorce:
- Independent legal advice should be sought by both parties.
- There should be full financial disclosure and details should be provided on income, assets and liabilities to your solicitor.
- The Agreement should, ideally, be completed 3 months before the marriage.
- There should be no undue influence imposed by either party.
What should your Pre-Nuptial Agreement contain?
What your Pre-Nuptial Agreement contains is completely up to you and will depend on your assets and individual circumstances. Some of the most popular things a Pre-Nuptial Agreement covers are:
- Details as to how your property will be divided.
- Details relating to the division of the monies held in your respective bank accounts.
- Details concerning how you wish to divide your stocks and shares.
- Clarification as to which assets are owned jointly and which are owned by a sole party.
- Clarification as to whether one party will pay a sum of maintenance to the other party.
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Pre-Nuptial Agreements can be useful in minimising disagreements, difficulties and possible litigation. Should the relationship come to an end, having a Pre-Nuptial Agreement in place will ensure you are protected and that any arguments can be solved quickly and easily.