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Pre-nuptial Agreements

A pre-nuptial agreement or pre-marital agreement is a contract that is entered into by couples before marriage which determines the division of property and assets including spousal support in the event of a divorce.

Traditionally pre-nuptials were only entered into by celebrities or the very rich however it is increasingly being used by ordinary couples who want to safeguard their assets in the event of a divorce.

Validity in the UK

There is no legislation in England and Wales relating to pre-nuptial agreements which makes them binding. However the Courts are increasingly enforcing and supporting pre-nuptials especially if certain requirements have been fulfilled at the time the agreements were entered into, such as:

• Did the parties seek independent legal advice prior to entering into the agreement?

• Did the parties make full and frank disclosure of all their financial assets prior to entering into the agreement?

• Was the agreement signed within a period of no less than 21 days before the wedding?

• Did either party sign the agreement under duress?

At Saracens Solicitors we will help draft the agreement for you and ensure that you are accurately advised on the process.

Jason

Even though I live outside of London I was happy I chose Saracens to help me with my divorce matter. It was important that I had solicitors whom I could trust and would deal with my case properly and get me the desired outcome

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