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Pre-Nuptial and Post-Nuptial Agreements

What is a Pre-Nuptial Agreement?

A pre-nuptial agreement is a legal agreement made in advance of a marriage or a civil partnership. It specifies seperate and joint assests and liabilities, and how the couple would expect to divide their assets in the event of a divorce or separation.

What is a Post-Nuptial Agreement?

A post-nuptial agreement is exactly the same but made after the marriage or civil partnership.

Neither agreement is legally binding in England and Wales but following the recent Supreme Court decision in the case of Radmacher v Granatino the Court will place considerable weight on such agreements. The court will hold parties to them unless it can be shown that the agreement wasn’t made freely by each party, that they didn’t have a full understanding of the implications of the agreement at the time they signed it or that it would be unfair to hold either party to the agreement.

Most importantly each person must have independent legal advice and full Financial Disclosure must be given.

Our experienced family law specialists can help you decide whether an agreement of this sort is the right thing for you and prepare it in such a way to maximise it being upheld by the Court.

To arrange an appointment with one of our Family Team, contact us on 01823 446200. Alternativey, freephone on 0800 862 0442 or submit an online enquiry and we'll contact you as soon as possible.

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