Private Law

Prenuptial Agreements

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Pre-civil partnership and prenuptial agreements

Recently the legal position of prenuptial agreements has become much more important, due to recent cases in the higher Courts.

Pre-civil partnership or prenuptial agreements set out how you want your financial matters to be sorted out in the event of a separation or divorce. It needs to be put in place well before the wedding or civil partnership ceremony, as if it is entered into too close to the ceremony, it may not be upheld by the Court.

The Court has to consider the prenuptial agreement and will uphold the agreement if it is fair in all the circumstances. For this reason, more and more people are opting for prenuptial agreements, as a way of helping to provide certainty about the way matters are going to be settled if the relationship breaks down. They are most useful in cases where one or both of you have assets that you have built up prior to the marriage or civil partnership.

To increase the likelihood of your prenuptial or pre-civil partnership agreement being upheld by the Court you should get independent legal advice, and share full and frank financial disclosure with the other person. There should be no evidence of any undue pressure by the other person, and you need to ensure that the agreement is realistic and fair, and that it provides for any changes that may take place in the future.

We can advise you on the preparation of prenuptial agreements, so that you feel more secure going into your new relationship, with a clear understanding of how the assets are to be divided in the event of any future separation. This can save you both expense and worry.