Specialist Family Law solicitor, Carol Toulson, discusses Pre-Nuptial Agreements with comments from a client.
“I am getting married this year. Having been married once before and experiencing a difficult divorce it was important for me to take the steps to protect myself in the event that we decided to separate. My partner has also been married many years ago and he too understood the importance of setting out what we intend should things not work out. It was important for us both to start our marriage without any worries or concerns so I instructed Holmes & Hills to draft a Pre-Nuptial Agreement. We were able to draft, agree and sign the Pre-Nuptial Agreement in less than one month and were really pleased with the level of service provided by Holmes & Hills. Having the Pre-Nuptial Agreement in place means we can both relax and look forward to our future.”
Pre-Nuptial Agreements can record the arrangements and agreements that you make with your partner moving forward into marriage. A Pre-Nuptial Agreement can deal with what would happen in the event of divorce or separation. How will you divide your assets? Are there some assets that you would want to remain within your family such as a family business or land. Is there a disparity in respect of both parties financial positions. Is one party bringing into the marriage a considerable amount more than the other party. Should that be taken into account in the event that the marriage ends?
At this point in your relationship communication is probably very easy and you can discuss what your intentions are and what your plans are for the future.
We often hear that parties do not require a Pre-Nup because their partner just is not like that or is not motivated by money etc. In our experience, however, the situation can be different at the point of divorce or separation when emotions are running high.
Pre-Nuptial Agreements are legal in many states of America and also in many European countries. In Australia Pre-Nuptial Agreements are commonplace. Pre-Nuptial Agreements are not part of English law. However, English Courts are now seeing more and more Pre-Nuptial Agreements and guidance has been issued. There have been a number of cases where the Court will take into account a previously drafted Pre-Nuptial Agreement providing the Agreement was made at least 28 days prior to marriage, and there are no circumstances where duress could be alleged. The Agreement must make provision for any children of the family; both parties should have had full disclosure of the other parties financial circumstances and the opportunity to take full legal advice; understand the terms of the Pre-Nuptial Agreement and are willing to sign it without any pressure.
More couples are now considering a Pre-Nuptial Agreement before marriage.
If Holmes & Hills Solicitors can assist you with a Pre-Nuptial Agreement or you would like us to provide you with further advice then do not hesitate to contact one of our specialist solicitors in our Family Team on 01376 320456
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