A pre-nuptial agreement (“pre nup”) is a legal agreement made between a couple prior to their marriage.
A post-nuptial agreement (“post nup”) is a legal agreement made between a couple after their marriage.
The purpose of any nuptial agreement is to assist the couple should their marriage breakdown. A nuptial agreement will set out how the couple would like their assets to be divided if they separate.
Nuptial agreements are not binding. Where one party seeks to withdraw from the agreement at the point of separation, then he or she may do so. The court will consider the terms of any nuptial agreement if there is a dispute but can disregard the agreement if it is fair and appropriate to do so. The existence of a pre or post nup is only one of the many factors which the court may take into account.
All nuptial agreements must be carefully drafted and both parties will require to take independent legal advice. There must also be open disclosure of both party’s financial circumstances. In the case of a pre-nup, the agreement must be finalised at least 28 days prior to the marriage.
Read our blog focusing on Pre-Nups for more information.
We think that it’s important that, at a time when you are feeling uncertain about your circumstances, you are given time to properly discuss your situation with a member of our team. The initial consultation generally lasts at least an hour during which we offer advice regarding your options and next steps. Following the meeting you will hopefully feel more informed and in control and can then reflect upon whether you wish to instruct us further.
Before the meeting we provide you with access to “Engage” which is an online questionnaire. It is “intelligent” adapting to your specific circumstances to capture much of the information that would traditionally be gathered in a face to face meeting so that your first meeting is as productive as possible. Engage uses the same sort of technology as online banking. You will be emailed a complete record of the information that you have provided which will encrypted for your peace of mind.
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