Pre-nuptial

Like Wills, pre-nuptial agreements can be difficult to discuss. They can however prove very valuable in the prevention or resolution of disputes arising on relationship breakdown.

A pre-nuptial or pre-civil partnership agreement is an agreement entered into by a couple, before their marriage or civil registration, which seeks to regulate what should happen to their income and assets in the event of the breakdown of their relationship. Such agreements are increasingly used by couples who wish to minimise the uncertainty of how their finances might be dealt with by the court in the event of divorce or dissolution.

If you have already married or registered a civil partnership and you wish to regulate your financial affairs with your spouse or partner, you can enter into a similar form of agreement known as a post-nuptial agreement.

Pre-nuptial, pre-civil partnership and post-nuptial agreements are not enforceable under English Law but will be given consideration by the court upon divorce or dissolution. Such an agreement can be influential and even crucial in determining family disputes when viewed in the context of the other circumstances of the case.

If you are considering entering into any of these agreements, it is essential that you and your partner both take independent legal advice. You will both be asked to provide financial disclosure. The terms of your pre-nuptial or pre-civil partnership agreement must be finalised in good time in advance of your marriage or registration ceremony.

If you have an existing agreement, it is also important to keep it under review to ensure that it remains relevant to your circumstances.

By drawing on expertise from every area of our firm, we can offer you practical advice on related issues like tax planning, trusts, business matters, property and pensions.

Wills

It is always advisable to review or make a new will at those times in your life when your circumstances change. This is particularly so when you enter into a new relationship. We have a specialist team of private client lawyers who would be happy to advise you in this regard.

Would you like to know more?

Please contact Claire Hamilton-Russell, Jill Goldman or Shashi Sachdeva on 0870 160 1300. Alternatively, please email any of our team.