Pre-nuptial, Post-Nuptial Agreements and Civil Partnership Agreements
Pre-Nuptial, Post-Nuptial and Civil Partnership Agreements are particularly important when people have different amounts of money and/or property or are expecting to receive an inheritance. For example, someone who has divorced before and received a property as part of a divorce settlement, may want to keep that property separate if they decided to remarry.
A decision of the English Supreme Court has determined that pre-marital or partnership agreements are likely to be upheld in the courts unless it is clearly unfair to do so. The Law Commission has recommended that, subject to safeguards, marital or civil partnership agreements should be enforceable in the courts. This recommendation has yet to be brought into law, but the courts are increasingly respectful of couples’ abilities to regulate their own affairs.
Our Family Team are experts in Pre-Nuptial, Post-Nuptial and Civil Partnership Agreements. Please lose no time in getting in touch with us.
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What are Pre-Nuptial or Pre-Civil Partnership Agreements?
If you are getting married or entering into a Civil Partnership Agreement, and if you or your intended spouse/partner have any assets that you do not want to share upon divorce or dissolution, a Pre-Nuptial or Pre-Civil Partnership Agreement can make it clear what has been agreed and what is to happen with those items, in the event of the breakdown of the relationship.
If the Agreement has been properly entered into, the Courts in divorce and dissolution cases will consider it when determining how to deal with the assets of the family.
Our Family Law Team have great experience of helping to draw up Pre-nuptial and Pre-Civil Partnership Agreements and know all too well, the consequences of couples not doing so.
These Agreements can assist greatly in confirming what was intended at the start of the relationship. It is also a cost effective way of preventing an argument later on over financial matters. In order to proceed with a Pre-Nuptial or Pre-Civil Partnership Agreement:
- Both parties must obtain legal advice.
- There must be no pressure to enter into an agreement from either person.
- The agreement should be signed at least 21 days before the marriage or civil partnership.
- All assets and property must be fully disclosed by both parties.
Please contact a member of our specialised team if you require further information about an Pre-Nuptial or Pre-Civil Partnership Agreement.
What are Post-Nuptial Agreements?
If you enter into an Agreement after the marriage or civil partnership, it is referred to as a Post-Nuptial or Post-Civil Partnership Agreement. Sometimes, a couple will have entered into a Pre-Nuptial or Pre-Civil Partnership Agreement before they got married and then choose to enter into a further Post-Nuptial or Post-Civil Agreement to confirm the arrangements still stand.
The Post-Nuptial or Post-Civil Partnership Agreement can be beneficial where a couple have complicated financial arrangements, assets that one person wants to retain if they were to separate, or children from a previous marriage.
A Post-Nuptial or Post-Civil Partnership Agreement can be a good thing to consider if you have previously separated but have renewed your relationship – it can help to avoid uncertainty if things were to go wrong again.
Please contact a member of our specialised team if you require further information about an Post-Nuptial or Post-Civil Partnership Agreement.
Revising Your Agreements
It is important that the Agreement is reviewed every so often, particularly after any children are born, as the Court will take the children’s needs into account first when deciding on a financial settlement.
Please note that the Court will not uphold an agreement that does not take the needs of your children into account, or that is detrimental to your children.
At Ashmans Solicitors, we are always on hand to give you the expert advice that you need. Our lawyers have strong experience in this area and will be very happy to assist you further.
Contact Ashmans Solicitors now for a free, no-obligation enquiry – all enquiries are welcome.
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