Pre-Nuptial Agreements

Pre-Nuptial Agreements are becoming more and more common and have recently been given greater weight by the courts than ever before. Our team of experts can help you protect gifted or inherited assets.

Protecting Your Wealth

Our family lawyers are trained and experienced in drafting Pre-Nuptial Agreements and considering and approving Pre-Nuptial Agreements drawn up by other lawyers. These agreements now go a long way to protecting wealth acquired pre-marriage, inherited or gifted during the marriage.

In the event of a divorce, assets/wealth gifted or inherited by one of the party’s to the marriage are vulnerable to a claim for a share of it by the other spouse. A Pre-Nuptial Agreement can go a long way to protecting such gifted or inherited assets. Similarly a Pre-Nuptial Agreement can protect wealth built up pre-marriage by ring fencing it from a claim from the other spouse in the event of a divorce.

There are number of steps you can take to ensure that your pre-nuptial agreement is upheld

Seek independent legal advice – it is strongly recommended for both parties to seek independent legal advice from a specialist Family lawyer. This will serve to demonstrate that you both understood the implications of the agreement.

Complete financial disclosure – Again this demonstrates that both parties were fully aware of the financial implications prior to entering an agreement.

Plan ahead – In order to demonstrate that the agreement was entered into freely by both parties and free from emotional pressure it is recommended that pre-nuptial agreements should be entered into at least 21 days before the marriage

Demonstrate fair play - imbalanced agreements for both pre-nuptial and post-nuptial agreement have less chance of it being upheld by the court on divorce.

Build in flexibility – to incorporate the likely changes to family and lifestyle it is it is recommended that pre-nuptial and post-nuptial agreements should only last until the birth of the first child of the family or for up to a period of five years and then reviewed.

To talk in confidence to one of our family lawyers please contact us directly . Our team can arrange meetings at locations and times to suit our clients.

Manchester Family Team

David Pickering

Lesley Smythe

Leeds Family Team

Carol Grundell

Liverpool Family Team

Pauline McNamara

London Family Team

Mary-Ann Wright