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As you prepare for marriage or a civil partnership, it’s natural to focus on the future you are building together. Alongside the excitement, taking practical steps now can help you both feel secure and confident as you move into this next stage of your lives.
What is a prenuptial agreement?
A prenuptial agreement sets out how finances and assets would be managed if the relationship were to end. For couples who are already married, a postnuptial agreement is a similar agreement entered into fter the marriage has taken place, which can provide the same reassurance.
These agreements are not about anticipating problems, but about clarity, fairness, and forward planning. By discussing your respective expectations in advance, it can help you to void disputes which might put your relationship under strain, and in a worst case scenario if the relationship does break down, having an agreement in place can save you both a lot of stress and expense.
In England and Wales, a prenuptial agreement allows a couple to agree on how they would divide their assets if the relationship ends. This can include agreements that you will not have claims on assets the other person bult up before you met, or ‘ring-fencing’ assets such as inheritance
For a pre-nup to be effective, both partners must provide details of their financial situation, normally summary of your respective financial positions would be included as part of the agreement. Together, you then decide how these assets would be dealt with if your relationship were to end.
Once these arrangements have been agreed, we can draw up a formal document reflecting your agreement. Before signing, each of you will then need to have taken separate, independent advice, to ensure that neither of you can later claim not to have understood the effect of the agreement, and to ensure that the agreement is being entered into freely and without pressure.
The prenuptial agreement takes effect once you have both signed it.
Pre-nuptial agreements are not automatically legally enforceable in this country, however, having an agreement in place reduces the likelihood of major disputes in the event that you later separate, and if you cannot agree financial matters at that time, a court will take the pre-nuptial agreement into account in deciding what any financial settlement on divorce should be, and, as am minimum, will take the terms a of the agreement as the starting point for any final settlement. In most cases, of course, couples are able to agree to keep to the terms of their pre-nuptial agreement.
We can assist with drawing up an agreement, and with afvising about any propose als for such an agreement.
For some, the idea of creating a prenuptial agreement can feel overwhelming. This is where our experienced solicitors can support you throughout the process.
With the right advice in place, a prenuptial agreement can be a positive and practical way to plan for the future with confidence.
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