If you are planning to marry or enter into a civil partnership, you may want to consider a pre-nuptial agreement. Many more couples are doing this and we can help you decide if it is right for you. A pre-nuptial agreement sets out what you and your future spouse or civil partner agree should happen in relation to your finances if your relationship breaks down and you separate.
Although now much more common, pre-nuptial agreements are not yet legally binding. But, the courts do take them into consideration, providing that there have been no significant events such as the birth of children of the family or serious illness, and; each of you has had independent legal advice; both of you have made full and frank disclosure of your financial position to each other;
and there has been no pressure brought to bear on either of you to enter into the pre-nuptial agreement. Generally you need to enter into the agreement at least three weeks before your marriage or civil partnership.
If you separate, the court must consider all the circumstances of the case and decide what is a fair outcome. It is up to the court’s discretion to take the agreement into account, and our experience shows that pre-nuptial agreements are becoming more relevant to the decisions made. At least a prenuptial agreement acts as a starting point, particularly if the circumstances haven’t changed dramatically, or if the marriage is short.
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