Pre Nuptial Agreements – what are they and do I need one?

Pre Nuptial Agreements are agreements that couples make prior to marriage or forming a Civil Partnership which sets out how they wish for their property, finances, pensions and other assets to be dealt with should their relationship break down.

The document must be drafted correctly and the recommendations which have been set out by the associated bodies within the legal systems must be followed.  It is recommended that both parties seek their own independent legal advice, that the agreement is signed at least 4 weeks prior to the marriage or civil partnership and there must be no duress or undue influence on either party to force them to sign.   In the event of relationship breakdown the Courts are giving more weight to these agreements and unless the effect of the agreement would be unfair on either of the parties the Courts are increasingly respecting individual autonomy and giving force to the agreements when determining a final order in financial settlements.

What interest can Pre Nuptial Agreements protect?

Pre Nuptial agreements can protect real property, funds in bank accounts, shares, pensions, antiques, jewellery and other assets accrued both before and during the marriage.

It is advisable to have the Pre-Nuptial agreement reviewed during the marriage at regular intervals and when there have been significant changes in the relationship such as the arrival of children of the family.

Why Thursfields?

At Thursfields we have specialist lawyers who can provide you with information and expert advice concerning pre nuptial agreements who will handle the matter with sensitivity.  We have experience in preparing a number of pre and post nuptial agreements for parties with multiple properties and large assets.

If you would like more information about this then please contact Jane Chandler, family solicitor at jchandler@thursfields.co.uk or call 01905 730476.

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