Relationship Breakdown

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. Especially when 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. CALL US ON 0333 009 6275 / email us: enquiries@ashmanssolicitors.com

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. From experience  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.

Family Solicitors

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. Please use the Contact Us form regarding your Family Law query, being as detailed as possible. To help us answer you quickly, you’ll need to first describe the issue you’re having – then tell us what you want to achieve. You may also email or call us to make an appointment.

Related : Civil Partnership Dissolution 

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You can get in touch with us in a number of ways. You can call us on 0333 009 6275, available 24 hours a day 7 days a week.

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Why Choose Us for your Family Law case?

  • We work with legal aid clients and can assist with obtaining legal aid, if that is appropriate.
  • We offer you a free initial consultation.
  • We are always aware of the relevant laws and regulations relating to children, including patient confidentiality and medical treatment.
  • We have the sensitivity to understand the needs of a child when representing their interests.
  • We demonstrate the ability to represent our clients effectively.
  • We show commitment to representing the interests of clients, especially children.
  • Our experienced family law team will always put you and your child’s best interests first.
  • We have multi-lingual staff in all of our offices, who will give you immediate assistance.
  • You can be assured of competitive prices and a very high success rate.
  • We have an expert team of in-house family law specialists, each with many years of experience representing clients in family courts.
  • We are dedicated to providing the best possible legal advice and services to those going through difficult times.
  • Our understanding and experienced family solicitors can give you professional guidance and support on getting a divorce or a civil partnership dissolution. They’ll also advise on other options, such as legal separation.
  • If you’re being forced into a marriage against your will, we can help you to arrange a Forced Marriage Protection Order.
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Ashmans Solicitors were completely professional in their approach from start to finish. They kept me informed of my case throughout and I was overjoyed with the outcome and service.

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