Pre-nuptial (or pre-marital) agreements are a legal agreement that sets out how assets should be divided in the event of a divorce.
If you and your partner have previous assets, brought assets into the marriage, or expect to inherit assets, this agreement can help protect them if the marriage or civil partnership ends. This helps reduce conflict during divorce and ensures your separate assets are treated differently from those gained during the marriage.
For all family and divorce related matters please get in touch with Lucinda Holliday on 01494 478603, or email family@blasermills.co.uk.
Agreements that stand the test of time
Although they are not automatically legally binding in the UK, a marital agreement whether drafted before or during the marriage or civil partnership will usually be upheld by a Court as long as it meets the qualifying criteria set by the Supreme Court. Our team will draft your agreement and guide you through every step of the process, making sure it effectively protects your assets in the event of a divorce. No matter how complex your financial situation, we will work with your partner’s legal team to create a fair and valid agreement for all parties.
An important qualifying criteria for an effective marital agreement is that both parties need to obtain independent legal advice. But this isn’t just about ticking a box, it is about ensuring you properly consider your circumstances, the rights you are potentially giving up and what is reasonable. Our family lawyers have decades of experience helping couples start their lives together in an open and honest manner. We’ll present you with a clear framework for getting the result you want, and make sure it is legally robust.
Understanding marital agreements
While they may not seem like the most romantic activity to undertake as part of your wedding planning, pre-marital agreements are always worth considering. The property, pensions, debts, income and other assets you enter the marriage or partnership with could be considered as joint assets after marrying and this will become more likely as the marriage continues. Likewise, money you acquire during the marriage such as inheritance or gifts from parents could be treated as being for both of you unless you have set out that it should not be treated that way. If the marriage breaks down, it can often become difficult to separate the claims each party has, which is where the pre-nuptial agreement is helpful.
Post marital agreements are agreements that are put in place after a marriage. This might follow a period of separation or when one is likely to benefit from assets that they feel should be protected from the other.
Cohabitation
If you require a cohabitation agreement, we can also help provide peace of mind that you are protected should your relationship breakdown. These agreements are less common than marital agreements, but just as important. They should be prepared properly with care and legal expertise. Entering a relationship does not mean you have to compromise the security of your assets, and our team will ensure you know exactly what will happen to them as you take the next step in your journey.
Likewise, if you were bringing less to the relationship, it is important for you to understand your legal position and any potential financial vulnerability that could be protected by such an agreement.
Understanding your legal position
The main purpose of these agreements is to define the claims that can be made, and help you to more easily reach a financial settlement if the relationship ends. Although you cannot stop the other from taking a matter to court, a Judge is unlikely to ignore an agreement you have both entered without good reason. If the agreement is prepared correctly and carefully, both of you have legal advice and the agreement is fair, it can carry significant weight. We will make sure you are in the strongest legal position and have the greatest chance of protecting your assets.
Contact us
For all family and divorce related matters please get in touch with Lucinda Holliday on 01494 478603, or email family@blasermills.co.uk. Alternatively, fill in our contact form.