It is becoming increasingly common for couples who are soon to be married or who have recently tied the knot to enter in to agreements designed to protect their assets in the event of a future separation or divorce. It is important that you seek specialist advice when entering in to these agreements as they will only usually be upheld by the Court if certain criteria are met.
A pre-nuptial agreement is an agreement entered in to by a husband and wife prior to marriage and a post-nuptial agreement is an agreement entered in to by a husband and wife after they have married. These agreements set out how the couple’s assets will be divided in the event of a future separation or divorce.
In most cases, these agreements are sought where one spouse enters in to the marriage with considerably more by way of wealth and assets than the other spouse and he or she seeks to protect that wealth in the event of future marital breakdown.
Whilst these agreements are not automatically legally binding, they will hold considerable weight and will likely be upheld by the Court in the event of future dispute if certain criteria were met at the time the agreement was drafted. Our experienced Family Solicitors can advise you as to these criteria, the terms of the proposed agreement and will also draft the agreement for you.
It is important that you seek expert legal advice well in advance of an intended agreement, particularly in the case of a pre-nuptial agreement, as there at time limits by which the agreement must be executed prior to the marriage.