Pre and post marital agreements
Pre and Post Marital Agreements
Such agreements can be drawn up (by those married or about to marry, or those in a civil partnership or about to enter one) in an attempt to regulate the distribution of assets on breakdown of the relationship. It is important to understand that English law does not formally recognise pre and post marital agreements in the same way that other countries do. However, in recent years the English Courts have given such agreements more weight in a number of cases and treated them as being significant.
We cannot guarantee that the terms of a pre or post marital agreement will be upheld by the court, (unless there is a significant shift in the law) as the court retains a wide discretion in deciding whether the terms of an agreement are fair in the circumstances. However, we will discuss your specific circumstances with you and one of our expert lawyers will draft a document which will give a pre or post marital agreement the best chance of being upheld if challenged at a later date.
When contemplating whether a pre or post-marital agreement will be suitable for you, we would recommend that you bear in mind from the outset the following points:-
Neither party should feel pressured into entering into an agreement
Both parties must be separately and independently advised by a solicitor
Both parties must give full and frank disclosure of financial and all other relevant circumstances
In respect of a pre-marital agreement, the agreement must be entered into some time before the marriage takes place – at least six weeks before the wedding
The agreement should be fair in all the circumstances
If either you or your soon to be spouse are contemplating entering into a pre-marital agreement, or a post-marital agreement has been proposed or discussed it is important that you obtain the right advice at the earliest opportunity.
Please contact us on 0208 974 7490 or email@example.com to arrange an initial consultation to discuss the best way forward for you and we will provide you with further and specific advice tailored to your circumstances.