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What is a pre-nuptial agreement?

Divorce Solicitor in London

A pre-nuptial agreement is a practical document designed to protect the assets and capital of parties entering into a marriage. They help to define the scope of certain aspects of a divorce if one occurs.

You can get a pre-nuptial agreement drawn up by a divorce solicitor in London at our office, Saracens Solicitors.

What might be included in a pre-nuptial agreement?

Prenuptial agreements are usually used to protect assets, capital and earnings or to prevent either party benefiting financially from divorce. They can limit the debt liability of either party, as well as protect one partner being subject to the others debts. Often, pre-nuptials are used to assure the proper succession of family heirlooms and prevent them from being lost in a divorce setting or, in the event of spousal death.

They cannot supersede the law in areas where specific rights already exist, such as in the case of child custody. They are also not used to dictate personal matters such as the division of labour within a marriage.

The exact parameters of prenuptial agreements can be discussed with a divorce solicitor in London.

What is the legal force of a pre-nuptial agreement?

There is no solid legal basis for supporting for pre-nuptial agreements but there is an increasing volume of precedent for their enforcement. If they are reasonable, entered into willingly and agreed upon by both parties, they are more likely to succeed. A court can still overrule any part of a pre-nuptial agreement if there is any dispute over the document at a later date.

Getting legal advice from a divorce solicitor in London when creating your pre-nuptial agreement can help to lend it weight during any future court proceedings.

How we can help

We can help you draw up your agreement so that it will be robust and useful if it is ever needed.

Mixing practical matters and the emotions that surround a marriage can be tricky. It is often helpful to have a neutral professional to guide the process and offer impartial advice.

Saracens Solicitors can help you construct a fair and equitable agreement that helps you proceed towards a happy marriage with peace of mind about your future, if the worst should happen.

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