Pre and Post Nuptial Agreements
Pre and Post Nuptial Agreements until recently were not necessarily enforced in the Courts in England and Wales. However, following recent Court decisions such agreements are given far more weight and consequently can now help guarantee security.
The last thing on anyone’s mind when getting married or entering into a Civil Partnership is how they are going to break up. However, a pre nuptial agreement does not guarantee divorce or separation but can guarantee honesty and security and ensure that a relationship is successful.
Such agreements deal with the couple’s assets in the event of a separation and avoid unnecessary disputes and unfair settlements and associated emotional turmoil.
In settling a Pre Nuptial Agreement each party must provide full information to their partner as to their financial situation and assets so that a fair settlement can be reached and both parties must be separately represented and receive full legal advice for any such agreement to be binding.
Following a Pre Nuptial Agreement it is often wise thereafter to enter into update or Post Nuptial Agreements on a regular basis to deal with changes in circumstances so as to reflect changes in the lifestyle of the couple which might relate to children, changes in employment and business and other assets.
As long as there is full disclosure and full representation of both parties there is no reason why such an agreement should not be enforceable should a relationship breakdown.
To discuss where you stand and how to secure your future relationship with Pre and Post Nuptial Agreements please contact us.
