A prenuptial agreement is a written contract entered in to before marriage which sets out ownership of assets (money, property, land) and defines how the assets should be divided in the event of a marriage breakdown.
Since the ground breaking case of Radmacher in 2010, prenuptial agreements have been afforded significant weight by the courts.
Is a prenuptial agreement for you?
If you have recovered assets from a former marriage or you have received an inheritance which you want to preserve for your own children, or you simply wish to safeguard savings or a future inheritance then a prenuptial agreement will be appropriate for you.
You may also simply want to exercise control over division of assets in the event of a marriage breakdown. This is so much easier to discuss at the beginning of a relationship than at the end.
A prenuptial agreement will be tailor made for you and to ensure the best chance of persuading a future court to uphold such agreement, the following factors need to be observed:
• Both parties should provide full disclosure of their respective assets;
• Both parties should be independently represented;
• Both parties must fully understand and freely enter in to the agreement;
• The agreement should be signed at least 21 days in advance of the wedding ceremony.
If any of these factors are missing, this may give a dissenting spouse the opportunity to argue against the agreement being upheld.
We have a specialist family team at Bevirs Law and we can advise you in relation to both prenuptial and post nuptial agreements as well as cohabitee agreements.
Michelle Bowyer 23.10.2018