Pre Nuptial Agreements
What is a Pre Nuptial Agreement and what can it do to protect your rights and interests? Should you have one?
- Do you want to protect your assets accrued before you marry.
- How can you protect your assets
- What are your rights if presented with a pre nuptial agreement by your intended spouse
What Is A Pre Nuptial Agreement?
This is an agreement that tries to make provision for a wide range of possible future circumstances in particular raising a family to limit the liklihood of the court interfering with agreement in the future.
Is It A Legal And Enforceable Contract?
Pre nuptial agreements are not strictly binding in this country.They originated in America where there is a statute in place to make them legal.
In this country the Matrimonial Causes Act 1976 governs the law on division of assets, [See our web page on ancillary relief].The court has discretion as to how it wishes to divide the assets between two divorcing parties.
There has been some case law recently as to whether a court should abide by the pre nuptual agreements made between the parties. One case is presently awaiting appeal which should provide more certainty.
The court are more likely to follow an agreement if the marriage is a short one and no children have been born.
The agreement must also have to be;
- Each party must have independent legal advice.
- Each party must have had prior disclosure of assets ,property and income.
- The agreement is made more than 21 days before the wedding.
- The agreement is signed as a deed.
Why Should You Have A Pre Nuptial Agreement Without Certainty?
The courts are becoming more progressive about pre nuptial agreements and they are becoming more accepted all the time.It certainly helps the court know the intentions of the parties at the beginning of the marriage and will generally help the person trying to protect the assets accrued before marriage.
In addition once you are married and there is a magnetic event that might make the court avoid the agreement you can make a post nuptial agreement.
Don’t forget “Traditional marriage vows may have a familiar ring……..To have and to hold ….. for richer for poorer……..till death do us part…..But whenlove turns sour,the rich do not want to become poorer “.
Why Ask Pearson Rowe To Draft Your Agreement?
Tim Giles has a wealth of experience with these agreements. You need to get it right. We believe that we are the best solicitors to help you.
How Much Will It Cost?
It will depend on the amount of financial disclosure required and the length of any negotiations. Tim Giles will be able to provide you with one hours initial advice for a nominal fee where he will be able to assess the total cost in more detail.We believe the first interview is the important one for you. It will give you the first chance obtain answers to your many questions. You can see if you like us and able to achieve a rapport that gives you the confidence and trust to continue with your instructions.
Need Specialist Family Law Help?
Please call Tim Giles on 0121 236 7388 or by complete a Quick Enquiry Form.
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