Here at Hart Brown, we understand that pre-nuptial agreements are not the first thing you want to think about if you are planning a wedding or entering into a civil partnership. If you have assets or family wealth that you wish to protect then you may want to consider a pre-nuptial agreement. A pre-nuptial agreement is signed before the wedding and will set out what will happen to assets and income in the event of a divorce or dissolution.
It is a common misconception that pre-nuptial and post-nuptial agreements are just for the wealthy and famous, this is not always the case. If you have a business, significant savings or own a property before you get married then this could be a beneficial option to you. Pre-nuptial agreements are also useful for those marrying later in life or marrying for a second time and wish to safeguard inherited assets and ensure assets pass to children from a previous marriage.
If you did not have time to deal with a pre-nuptial agreement before your wedding it is possible to enter into a post-nuptial agreement. A post-nuptial agreement is signed after the marriage and can be considered if you have received an unexpected inheritance or started a business during the marriage. They can also be useful if there have been marital difficulties and you want to have clarity on how assets will be divided on divorce.
Pre-nuptial agreements are not currently legally enforceable but are increasingly being upheld by the courts if certain conditions are met and it provides for a fair and reasonable outcome. It is therefore important to start discussions with your partner as early as possible, have a clear picture of the assets you each have and for both parties to take separate legal advice.
Our solicitors can advise you on your options should you wish to protect your assets when you get married or enter into a civil partnership. Our solicitors will take you through the advantages and disadvantages of entering into an agreement and tailor the agreement to your particular circumstances taking into account your long term interests.
Get in touch today on 01483 887766 or start a live chat to speak to one of our specialist family solicitors about pre- and post-nuptial agreements.