Pre-nuptial agreements are a legal agreement that sets out how assets should be divided in the event of a divorce.
If you and your partner have married before and built up your assets, brought certain assets to the marriage or are likely to inherit assets that you want to protect, this kind of agreement can ensure this is taken into consideration should the marriage or civil partnership break down. This can help minimise conflict during the divorce process and ensure your separate assets and property are treated differently from those that were built up during the marriage.
Agreements that stand the test of time
Although they are not automatically legally binding in the UK, a pre-nuptial agreement will usually be upheld by a Court as long as it meets the qualifying criteria set by the Supreme Court. The Family & Divorce team at Blaser Mills Law will draft your agreement and guide you through every step of the process, making sure it effectively protects your assets in the event of a divorce. No matter how complex your financial situation, we will work with your partner’s legal team to create a fair and valid agreement for all parties.
An important qualifying criteria for an effective pre-nuptial agreement is that both parties need to obtain independent legal advice. But this isn’t just about ticking a box, it is about ensuring you properly consider your circumstances, the rights you are potentially giving up and what is reasonable. Our family lawyers have decades of experience helping couples start their lives together in an open and honest manner, qualities that we place at the centre of everything we do at Blaser Mills Law. We’ll present you with a clear framework for getting the result you want, and make sure it is legally robust.
Understanding pre-nuptial agreements
While they may not seem like the most romantic activity to undertake as part of your wedding planning, pre-nuptial agreements are always worth considering. The property, pensions, debts, income and other assets you enter the marriage or partnership with could be considered as joint assets after marrying and this will become more likely as the marriage continues. Likewise, money you acquire during the marriage such as inheritance or gifts from parents could be treated as being for both of you unless you have set out that it should not be treated that way. If the marriage breaks down, it can often become difficult to separate the claims each party has, which is where the pre-nuptial agreement is helpful.
If you are discussing arrangements with your partner, we advise you to get in touch with us for independent legal advice. We will help to prepare the agreement for you, ensuring we tailor it to your needs and incorporate important details like conditions for review, changes to income or children and childcare.
Post-nuptial agreements and cohabitation
If you require a post-nuptial or cohabitation agreement, we can also help provide peace of mind that you are protected should your relationship breakdown. These agreements are less common than pre-nuptial agreements, making it even more important that they are prepared properly with care and legal expertise. Entering into a relationship does not mean you have to compromise the security of your assets, and our team will ensure you know exactly what will happen to them as you take the next step in your journey.
Understanding your legal position
The main purpose of a pre-nuptial or post-nuptial agreement is to limit the claims that can be made against the assets you brought into the marriage, and help you to more easily reach a financial settlement if the relationship ends. Although you cannot stop the other from taking a matter to court, a Judge is unlikely to ignore an agreement you have both entered into without good reason. If the agreement is prepared correctly and carefully, both of you have legal advice and the agreement is fair, it can carry significant weight. We will make sure you are in the strongest legal position and have the greatest chance of protecting your assets.
We can start helping you today
Speak to one of our family and divorce lawyers about any matters relating to pre-nuptial, post-nuptial or cohabitation agreements. Contact Lucinda Holliday on +44 (0) 1494 478 603, email firstname.lastname@example.org or fill in our contact form.