Pre and post marital agreements

English law does not formally recognise pre-marital agreements in the same way that other countries do. However, in recent years the English Courts have given pre-marital agreements weight in a number of cases and treated them as being significant.

We cannot guarantee that the terms of a pre-marital agreement will be upheld by the court, unless there is a significant shift in the law. However, we will discuss your specific circumstances with you and one of our expert lawyers will draft a document which will give a pre-marital agreement the best chance of being upheld if challenged at a later date.

Similarly a post-marital agreement can be varied on divorce as this fits is with the English Courts’ discretionary system of asset distribution on marital breakdown.

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 pressurised 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.

We can provide you with a fixed fee for this service so you will know exactly what costs you will need to pay.

This is a complex area of the law and requires expert advice. Please contact us on 0203 131 8548 or info@roselegal.co.uk 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.

Our experienced and understanding team are here to help you. We will work with you to ensure the best possible outcome.

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