Prenuptial and Postnuptial Agreements

Pre-nuptial Agreements

A pre-nuptial agreement is a formal agreement entered into prior to a marriage or civil partnership. It sets out the assets of the couple at the time of their marriage and how their assets should be divided in the event of a divorce or separation.

A pre-nuptial agreement is useful in the following situations:-

  • To protect wealth built up prior to your marriage.
  • To protect children from a previous relationship.
  • If you are marrying later in life and do not wish to lose your financial independence.
  • To minimise the cost and distress involved in resolving financial matters should the relationship breakdown.

Post-nuptial Agreements

A post-nuptial agreement is very similar to a pre-nuptial agreement, but entered into after the marriage or civil partnership.

Post-nuptial agreements are now considered to be binding in the UK provided:-

  • The agreement was entered into freely by each party.
  • Both parties understood the terms of the agreement.
  • Neither party was placed under undue pressure by the other.
  • There has been full and frank disclosure of both parties assets and income.
  • The agreement was realistic and fair.
  • Both parties obtained independent legal advice.

Whatever your situation, our team at Walker Foster can discuss the options with you and draw up a concise, clear written agreement to reflect your wishes.

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