Valuable Diamond is Crux of Assets Dispute in Court
The division of matrimonial assets is often the cause of protracted legal proceedings, where parties differ on what is due to whom. In a recent Family Court case, the question...
Continue readingA pre-nuptial agreement is a document which set out how pre-marriage assets, property, inheritance, and existing arrangements for children will be preserved and arranged in the event the couple choose to divorce or separate later on.
Legally, once two people get married or enter a civil partnership, any property or assets owned by either party become part of the marriage. Unless the couple has a pre-nuptial agreement in place, if the couple divorces all unprotected property will be divided according to what is ‘fair’. This means one party could walk away with significant assets (such as the family home), even if they didn’t own them prior to the marriage.
If you are already married, you can enter into a post-nuptial agreement which can cover the same things as a pre-nuptial agreement.
At Hubbard Pegman & Whitney, our team of specialist family solicitors have extensive experience assisting couples negotiate and agree pre-nuptial or post-nuptial agreements in order to protect their financial interests in the unfortunate event of relationship breakdown.
Whether your case is relatively straightforward or more complex, perhaps involving overseas assets or court-ordered child arrangements from a previous divorce, we can draft you a practical and watertight pre-nuptial agreement so you can proceed into marriage with confidence.
Not all couples will feel a pre-nuptial agreement is right for them. However, it’s always worth consulting a family solicitor with experience in the area to advise on whether you might find it beneficial.
For example, you may want to get a pre-nuptial agreement if:
Pre-nuptial agreements are commonly used to:
There are also certain things you cannot include in a pre-nuptial agreement. For example, you cannot contract out of paying child maintenance in the future and the agreement cannot be manifestly unfair (for example, it cannot leave one party financially destitute).
Pre-nuptial agreements and post-nuptial agreements are not automatically legally binding. However, a court is likely to uphold your agreement upon divorce if:
As above, in order for a pre-nuptial agreement to be upheld upon divorce, both you and your spouse must have received independent legal advice. It’s therefore essential to consult an experienced family solicitor before entering into a pre-nuptial agreement.
For friendly, expert guidance on matters relating to child arrangements, you can contact our family law team now by calling 020 8735 9770 or email info@hpwsolicitors.co.uk
Search site
Contact our office
Get in touch