Partner and Head of Wills & Estate Planning at Andrew & Co Solicitors Helen Newson writes...
Pre and Post Nuptial Agreements
As more and more couples are delaying getting married or are entering into a second or subsequent marriage it is often the case that one or both of them has assets which they have accumulated whilst single or in a previous relationship and which they wish to preserve in the event of their marriage breaking down.
That can be particularly pertinent when they have dependent children. Although the court in England and Wales will not yet allow couples to contract out of the court's jurisdiction it has over time become accepted that a Pre or Post Nuptial Agreement which has been properly entered into will be considered a relevant circumstance by the court and is likely to be upheld. In order to be properly negotiated the requirements are that the Agreement must have been negotiated with the assistance of solicitors, there must have been an exchange of financial disclosure between the parties and the Agreement must be fair on the face of it.
In relation to pre nuptial agreements it is also important that the Agreement is entered into sufficiently ahead of the marriage to avoid there being any possible assertion that there has been duress. Our specialist team of family lawyers are experienced in advising when a Pre or Post Nuptial Agreement is appropriate, the matters to consider when entering into such an Agreement and in the preparation of Agreements to take account of all circumstances.
To speak to a member of the Family team and make an appointment, please phone us on 01522 512123 (Lincoln) or 01636 673743 (Newark).