"Prenups" are an increasingly popular choice for couples who wish to formalise the terms of their financial relationship before marriage. These agreements can give you peace of mind in terms of your assets and finances, particularly if one partner has significantly more than the other. They can also save you from challenging negotiations or court proceedings in the event of a later separation. If you wish for the best chance of a prenup being upheld later, it is vital that you and your partner seek legal advice before committing to any agreement. The authorised and regulated solicitors at Harbour Family Law can assist you in creating a fair agreement which formalises the financial relationship you have with your spouse.
Currently, pre-nuptial agreements are not automatically legally binding in the UK. However, with the assistance of family law solicitors, there is a good chance of creating an agreement that will be upheld in the event of a divorce, separation, or relationship break. The courts in England and Wales will take pre-nuptial agreements into account as a factor to be considered during financial settlement negotiations upon divorce.
A pre-nuptial agreement is a contract a couple makes before the date of their wedding or civil partnership ceremony. It is a bespoke document which lays out what they wish to happen to their assets (Including savings, pensions, investments and any property they own) in the event of a divorce.
A prenup can help you to enter a marriage with more peace of mind concerning your financial stability as an individual. Another reason many couples decide to make a prenuptial agreement is to reduce the likelihood of lengthy and upsetting financial negotiations should they ever divorce. This can be a particular concern for couples who have or are planning to have children.
There was previously a misconception that entering into a prenup was only for the rich and famous, or was a sign that a couple had little faith in the future of their marriage.
However, many are now seeing signing a prenuptial agreement it as a practical choice which can help set the tone for clear and open communication on the subject of joint finances. Deciding how assets will be divided in the event of your separation can also prevent long, drawn out negotiations if the unfortunate does happen.
If you are currently married but wish that you had made a prenup, you may want to explore the option of a postnuptial agreement. Unmarried couples who live together may consider a cohabitation agreement.
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Entering Into a prenuptial agreement should not usually be a last-minute decision before your wedding. A court may attach less weight to an agreement where it seems that one of the parties did not fully understand the agreement, did not have time to think through the Implications, or was pressured into signing it. The prenup will also need to be signed by witnesses and both you and your partner will need to take independent legal advice. Our solicitors can help to make this process accessible and ensure the prenup follows all legal recommendations.
Speak to an expertShould only one party desire a prenuptial agreement, or if there is a dispute over what it should contain, our solicitors can help. Our lawyers can offer expert guidance to help you fully understand what signing the agreement may mean for your financial future. They can also talk you through options such as mediation, which can help couples come to an agreement with the help of an unbiased third party.
Speak to an expertA pre-nuptial agreement can be contested during a divorce. However, the challenge must be for a legitimate reason in the eyes of the court.
Some common reasons individuals decide to contest an agreement are if the terms laid out do not meet their needs or if the agreement does not treat their children fairly. There will also be concerns if one of the parties did not disclose all of the appropriate financial information during the creation of the agreement. If you have concerns about a legal agreement you have made with a spouse, our family law solicitors are happy to discuss the options open to you.
Speak to an expertOur family solicitors are experts in marrital law and would be glad to assist you with your matter. Whether you are seeking advice about entering into a pre nup, require guidance about how your agreement may affect your future, or are contesting a prenuptial agreement at the end of a marriage. Our specialists are knowledgeable and approachable, and will clearly lay out any concerns as well as helping you to find a way forward.
Speak to an expertOur goal is to create a comfortable and uplifting environment where clients can visit our family lawyers in Bristol, Portishead and Clevedon and receive expert legal advice that makes sense.