Pre and Post-Nuptial Agreements
OUR FAMILY LAW TEAM GENUINELY CARE ABOUT OUR CLIENTS'.
THEY MAY NOT SEEM ROMANTIC, BUT PRE AND POST NUPTIAL AGREEMENTS CAN PROVIDE SECURITY
Pre- and Post-Nuptial Agreements
“I have found the professionalism and service from KLR Solicitors to be second to none. Staff are very friendly and knowledgeable. Preeya has always been very courteous and nothing is ever too much trouble.”
They may not seem romantic, but Pre- and Post-Nuptial Agreements can provide security and prevent bitter family law disputes should your marriage end. Our family law solicitors can draft comprehensive Pre- and Post-Nuptial Agreements.
We will also ensure the correct procedure is followed so the Agreement has the best chance of being upheld, should it be challenged in court.
As members of Resolution, a group of over 6,500 Solicitors who follow a strict Code of Practice and aim to resolve family law matters in a non-confrontational manner, our family lawyers care about our clients' wellbeing and future.
If we are advising you on a Pre- and Post-Nuptial Agreements, we will ensure you fully understand its long- term consequences and negotiate for a fairer deal if required.
What is the difference between a Pre-Nuptial Agreement and a Post-Nuptial Agreement?
Pre-nuptial Agreements are drawn up before the marriage has taken place. Post-Nuptial Agreements are created after you get married and are often drawn up by couples who are thinking about separating or where one has come into a large inheritance and they wish to keep the money/assets separate from the matrimonial property.
We will take the time to listen to your objectives and draft an agreement tailored to your requirements.
Are Nuptial Agreements legally binding?
Nuptial Agreements are not in themselves legally enforceable. However, in Radmacher v Granatino [2010] UKSC 42, the Supreme Court considered the weight that should be given to a Nuptial Agreement. It concluded:
“The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement.”
When it comes to deciding fairness, the Court will consider:
- The housing and financial needs of the parties. This will involve assessing matters such as each spouse's’ earning potential, age, current standard of living, and family responsibilities.
- Whether one party should be awarded compensation for the role they played in the marriage, for example, if they gave up a lucrative career to care for the home and family.
- Does the agreement allow for appropriate sharing of the marital property and assets? A distinction may be made between property and assets acquired during the marriage and property and assets brought into the marriage by one party before the marriage or through an inheritance.
If you believe your Nuptial Agreement is unfair, our family law Solicitors will create a strong argument that all or part of it should not be upheld.
What if I was pressured to entering into a Nuptial Agreement?
For a free consultation regarding Pre or Post-Nuptial Agreements
please call us on 0208 300 6666 or complete the form below.
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