If you marry, a pre-nuptial agreement can help:
- Protect assets in your sole name which you are bringing to the marriage;
- Protect your share of a family businesses or partnership;
- Provide adequate financial security for your children;
- Minimise uncertainty and acrimony if you divorce;
- Reduce the likelihood of long legal battles to decide how assets are shared.
Sadly over 40% of marriages end in divorce. When divorcing the court has the power to redistribute any assets and income in held in either person’s name, or jointly with another.
No asset is completely ring-fenced from a potential claim by your spouse. Even some of your future income may be distributed.
Like an insurance policy you hope never to need, investing in a pre-nuptial agreement may help you protect your future financial security.
Pre-nuptial agreements are made between couples before their marriage to regulate how their property and finances will be dealt with if they separate.
The law in this area is complex and changing. At present, pre-nuptial agreements are not automatically binding. A court can decide to ignore it completely, accept part of it or all of it. A well prepared pre-nuptial agreement is likely to be given significant weight by a court when deciding what would be a fair financial settlement on divorce. It has the best prospect of being approved by a court.
Frequently asked questions
Yes, you can vary an existing pre-nuptial agreement. It is very important that you each receive independent legal advice before doing this, and that any variation is prepared by a professional to ensure it is effective. Alternatively, if you are married and never entered a pre-nuptial agreement, but now want to make an agreement about what should happen if you divorce, we can help you prepare a post-nuptial agreement.
Every Pre-nuptial Agreement will be tailored to meet your individual circumstances, and the cost will depend on your particular needs. Please call us and we will be happy to give you an estimate of our costs. We may be able to prepare an agreement for a fixed fee, starting at £750 plus VAT.
Any agreement may have a massive impact on your future financial security. It is very important that you are properly advised on the agreement before you sign it.
Contacting a solicitor does not need to be daunting. For a free-consultation with one of our family solicitors to find out how we can help, call 0330 300 1103 or request a call-back.