Pre Nuptial Agreements
This is an agreement between marrying couples with regard to division of financial assets should they separate or divorce in the future.
Does it show a lack of commitment?
This is the obvious accusation against anyone suggesting a ‘pre-nup’ prior to marrying. Everyone has different circumstances and a lot of people wish to ensure their assets go to their children rather than their future spouse. It is not a breach of trust but is about being sensible and pragmatic.
Are they enforceable?
They are not strictly legally enforceable but courts do uphold them especially when both parties are separately legally represented and have engaged in a collaborative approach.
For the courts to uphold a ‘pre-nup’ it should be drawn up by a solicitor and entered into voluntarily by both parties at least 21 days before the wedding.
Can they be changed?
Circumstances change and consequently a ‘pre-nup’ is an evolving agreement which can be changed during the marriage.
For most straightforward ‘pre-nups’ we offer a fixed fee.
Please contact our Pre Nuptial Agreement Solicitors for your free initial consultation.