These agreements are becoming much more popular for couples. The courts in England & Wales have changed their stance on these types of agreements and these agreements can assist you to protect your assets upon any future separation.
A Pre-nuptial Agreement is an agreement entered into by husband and wife, prior to the marriage, to protect assets owned by each party should the relationship later break down. Pre-nuptial Agreements were not binding in England and Wales, but the recent case of Radmacher has changed the law and Pre-nuptial Agreements, if drafted correctly with the benefit of legal advice, may be binding. In other words if you wish to protect your wealth before you marry you need a Pre-nuptial Agreement. You must not leave this until the last minute, you must seek legal advice at least three months before you marry, to allow sufficient time to obtain advice and ensure your agreement meets your requirements.
A Post-nuptial Agreement has a similar affect to a Pre-nuptial Agreement but you can enter into it after you are married.
Many couples see a solicitor before marriage to prepare a Pre-nuptial Agreement and others see a solicitor after the wedding for the Post-nuptial Agreement. There are various reasons for choosing a Post-nuptial Agreement instead of agreeing to a Pre-nuptial Agreement in advance, and sometimes, couples engage in both types.
One reason for utilizing a Post-nuptial Agreement may be that circumstances change drastically shortly after the couple are married. For example, if a large business transaction is pending but won’t be completed until after the wedding, it may make more sense to opt for a Post-nuptial Agreement so that the transaction is included in any arrangement.
If you are looking for a solicitor specialising in Pre-nuptial and Post-nuptial Agreements, who can focus on your family legal requirements, then why not contact us today.