Prenuptial & postnuptial agreements & pre-civil partnership agreements
A prenuptial or pre-civil partnership agreement is a written contract that parties sign before their wedding or civil partnership. These agreements set out the intended financial arrangements should the relationship break down and can deal with financial provision for both parties and children. Couples contemplating marriage or civil-partnership often enter into these documents if they have already acquired assets that they are seeking to protect.
If you are intending to enter into an agreement, it is important to have this signed well in advance of the ceremony – as a guideline at least 28 days in advance. Both parties should receive independent legal advice on the contract before signing it and be fully aware of the legal implications. As part of the process of drawing up an agreement, both parties must be prepared to provide full information as to their financial position.
These steps are important to ensure that the agreement will be upheld by a Court in the event of a divorce or dissolution; although the Court does have power to set aside some or all of the terms if it leaves one party or a child in a position of real need.
A similar agreement can be drawn up after a wedding or civil partnership has taken place and is referred to as a ‘post’ nuptial or civil partnership agreement. The steps and advice required will be virtually identical to an agreement signed before the ceremony.
How can we help?
We can advise and assist in relation to the drafting of prenuptial and postnuptial agreements as well as pre and post-civil partnership agreements. Assuming we are instructed early enough, we will ensure that financial disclosure and advice takes place well in advance of the ceremony. These agreements are often successfully negotiated between solicitors or through collaborative law which allows questions to be fielded easily and the couple to be given a chance to talk through and resolve any issues. If you are considering an agreement of this nature, please contact us at least 6 months in advance of your ceremony date.
Our Family Law team can advise on pre & post nuptial agreements and pre-civil partnership agreements so please get in touch if you would like to find out more.
