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Pre-Nuptial Agreements

“Because things happen…”

Pre-nuptial (or pre-marital) agreements are agreements entered into between couples in advance of their marriage. The main purpose of such an agreement is to set out in advance the way in which the income and assets of the parties will be dealt both during the course of the marriage and following a subsequent separation or divorce.

At the present time, pre-nuptial agreements are still not binding on the English courts. However, following on from recent decisions, the courts are prepared to place much greater weight on a pre-nuptial agreement which has been properly prepared in accordance with certain guidelines and entered into by the parties having taken separate, independent legal advice. In some cases, the court may actually adopt the terms of the pre-nuptial agreement, particularly where it provides for a fair settlement between the parties.

Same sex couples can enter into a pre-civil partnership agreement, the principles and requirements of which are almost identical to that of a pre-nuptial agreement.

We have wide ranging experience dealing with the preparation of pre-nuptial agreements, including high profile cases. We can also offer the option of using Collaborative Law for the purpose of negotiating and finalising the terms of the proposed agreement.