Pre Nuptial Agreements – Romantic? No. Recommended? Yes.

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Pre-Nuptial Agreement ?

Ok, so we know this may not be top of your list and we’ll admit this is not the most romantic start to your new chapter, but a pre-nuptial agreement is practical and agreeing what would happen in the event of divorce or separation can avoid much upset, hurt and cost at a later stage. Communication at this early stage is key and while communication in the relationship is good, this is the best time to discuss matters. Unfortunately at the point of relationship breakdown communication can become much more difficult and emotions are high.

In the past few years pre nuptial agreements have become more and more popular and this is likely to be because of the increase in second and third marriages. In these marriages, there are often children involved and also more assets involved, so there is more to protect.

While individuals make a number of assurances, these assurances will not stand up in court unless they are part of a legally binding agreement. This is where your pre-nuptial agreement comes in.

Of course we hope that you never have to rely on the agreement and enjoy a long and happy marriage together but as no one can be sure what the future holds.  Spending money on a pre nuptial agreement early on may be the best money ever spent.

More people are opting for a pre nuptial agreement as, without one, in the event of relationship breakdown your financial future could potentially be in the hands of the court.

If the matter was before the court, the court will consider all circumstances of the case with the first consideration being the welfare of the children under 18. The court will also consider whether the parties received independent legal advice and the terms of the pre nuptial agreement. The courts will also want to ensure both parties received full disclosure of the other party’s financial circumstances. If the agreement is fair and reasonable the court will be likely to uphold the agreement.

If your wedding plans are well underway and the big day fast approaching, don’t delay getting in touch. A pre-nuptial agreement will need to be made at least 28 days prior to the marriage, but the more time the better.

Find out more about making a pre-nuptial agreement

At Holmes and Hills Solicitors, our team of Family Law solicitors can prepare your pre-nuptial agreement whether this is your first or a subsequent marriage. For simple pre-marital agreements we offer a fixed fee and we also offer an initial fixed fee consultation if you have any questions or just want to discuss your options.

If you would like to discuss whether a pre nuptial agreement is appropriate in your circumstance please speak to one of our specialist family lawyers. Call 01376 320456 (Essex) or 01787 275275 (Suffolk).