Pre- and post-nuptial agreements – do you need one?

October 27 , 2017
October 27 , 2017

Pre- and post-nuptial agreements – do you need one?

Pre and post-nuptial agreements are becoming more common as divorce rates rise and people become more pragmatic about marriage. Saracens Solicitors can help you draft a suitable agreement and offer you the benefit of our experience as a family and divorce solicitor in London.

How is a pre-nuptial agreement enforced?

Pre-nuptial agreements are not currently legally binding in the UK. However, they are likely to be taken into account by a court during divorce proceedings under the right circumstances. Saracens Solicitors can help you meet the court’s criteria for upholding a pre-nuptial agreement when we are acting as your divorce solicitor in London.

The court will want to know that the agreement was made freely by all parties without any pressure or duress. This could include making the agreement within 21 days of the wedding date as this is seen as a form of coercion. All assets need to be disclosed prior to making any agreement. Any hidden assets that are later discovered can affect a court’s ruling. The agreement must be fair and the court can rule that it is not if it is too heavily weighted in one party’s favour.

If you feel your pre-nuptial agreement is unfair or no longer valid at the time of divorce, Saracens Solicitors can help. We assist with the negotiation of the terms of your divorce so that they supersede any arrangements made within a pre-nuptial agreement when we act as your divorce solicitor in London.

Reviewing a pre-nuptial agreement

During the course of a marriage, it may be necessary to review the pre-nuptial agreement to check that both parties are still in agreement. Circumstances may change the way that assets and wealth are to be divided. This could include, for example, the birth of a child. Saracens Solicitors can help you to set up a revised agreement that is fair and agreeable to all parties.

Some pre-nuptial agreements have time clauses built into them. This means that if a couple stays married for more than a set time period, the agreement changes. This might happen at several points and lead, eventually, to an even split if the couple have a long-term marriage.

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