“Pre nups” are becoming increasingly popular as a means of defining what assets couples are each bringing to the marriage and giving a clear indication of what should happen to those assets in the event of separation or divorce.
|We are seeing more and more frequently couples who want to set out clearly from the start what each of them brought to the marriage and how those assets should be dealt with both within the marriage and on divorce or separation.A properly drafted pre-nuptial agreement can clearly record what your intentions are in relation to the division of assets and belongings and are an effective method of wealth protection, for example if parties have property or a business.A pre nuptial agreement is not binding and enforceable as a commercial contract or court order would be, but the case law over the last few years shows that the Courts are increasingly reluctant to go behind the terms of pre-nuptial agreement where that agreement is properly drafted, is supported by full and frank financial disclosure and both parties have had competent legal advice. It is also important that the pre-nup is entered into several weeks ahead of your impending ceremony to ensure there can be no suggestion that either party felt pressured into entering into that agreement.
If you have already married then you can enter into a post-nuptial agreement.
The case law in this area is complex and therefore to ensure you are protected as much as possible it is essential that your pre-nuptial agreement is properly drafted with the benefit specialist legal advice. Please contact us for a free initial consultation.