Pre-marital & Post-marital Agreements
A Pre-Nuptial Agreement is a formal agreement entered into prior to a marriage or civil partnership which sets out who owns what at the time of marriage or civil partnership and how the couple envisage that those assets should be divided in the event of the breakdown of the relationship.
Neither form of agreement is legally binding in England and Wales.
However, the Court will usually attach considerable weight to these agreements and will be persuaded by the terms agreed unless it can be proved that:
- the agreement was not entered into freely by each party.
- the parties did not fully appreciate how the agreement would impact them at the time of signing it.
- it would be unfair to hold either party to the agreement.
Any other circumstances similar to the above will also be taken in to consideration.
There are certain legal requirements of such an agreement including the fact that each person must enter the agreement voluntarily, each person must give full and frank disclosure of their assets, each person must have taken independent legal advice and the agreement must be signed at least 21 days before the date of marriage or civil partnership.
We can advise you on, and prepare your Pre-Nuptial Agreement for you
A Post-Nuptial Agreement is prepared after your marriage.
The advice on this website is provided for general information only and is not intended to constitute legal advice. You should not act or rely on any of this information, but should seek legal advice on your particular circumstances.
The law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information.
You’re welcome to contact us for an initial chat at no charge and with no obligation. It’s an opportunity to discuss your situation, run through your options and assess the likely costs involved. Call us today on 01277 631811 or use the contact form on our site for more information on how Dadds LLP Family Law Solicitors can help you.