What is a Pre-Nuptial Agreement?
A prenuptial agreement is a document couples may choose to have drawn up just before they get married.
The agreement records how the assets of the parties should be distributed in the event of a divorce or dissolution of the civil partnership.
The agreement should be entered into at least 21 days before the marriage to show that there is no evidence of duress or undue influence.
Entering into a prenuptial agreement can help speed up the legal formalities should the marriage breakdown and end in divorce.
Pre-nuptial agreements will be enforceable by the Court provided the following conditions are met:
- Both parties freely sign the agreement after taking legal advice from independent solicitors
- Full disclosure of the parties’ assets takes place
- No significant changes take place after the agreement – such as the birth of a child – in which case the agreement would have to be amended and re-signed
- The agreement is completed and signed at least 21 clear days before the marriage takes place.
The parties must have entered into the agreement of their own free will, without undue influence or pressure and were fully informed of the implications of doing so.
What is the benefit of a pre-nuptial agreement?
The agreement can protect certain assets, for instance those of great sentimental value or business assets.
Pre-nuptial agreements are particularly helpful for those who are entering into a second marriage as it is more likely for clients to have assets or children from a previous marriage.
What is a post-nuptial agreement?
If you are already married, it is possible to get the same protections as a prenuptial agreement through what is known as a postnuptial agreement. This is very similar to a prenuptial agreement but it is agreed after you and your partner are already married.
How we can help you?
Our pre-nuptial agreement solicitors in South East London tailor the agreement to fit the unique aspects of your relationship ensuring everything is taken care of should the worst happen.