Almost everyone who gets married or enters into a civil partnership plans to commit to each other 'til death do they part'. However, predicting the future is near impossible and in some instances, planning what will happen to your assets is a wise idea.
It can help a whole family to have an open conversation about financial issues and to set clear expectations when contemplating a marriage. Given that arguments over finances are often cited as a top cause of disputes between married couples; an early agreement might even help in your married life!
A Pre-Nuptial Agreement is a particularly good idea if you already have children and want to protect their future inheritance. It is also worth considering if you have built up assets in your own name before meeting your partner or if you are part of a family business. We can help you to take the right steps to protect your future.
We can advise on both Pre and Post Nuptial Agreements to protect you in the event of divorce or separation. Even if you are already married, a post-nuptial agreement can set out expectations in the event of separation.
At present in the UK, these agreements do not work like commercial contracts and are not legally binding. However, if they are entered into freely, with both parties having understood the assets that are available and having had legal advice; the Court will have to find very good reasons to depart from them in the event of a dispute.
Online agreements in which neither party has taken legal advice are unlikely to be taken very seriously by the Court in the event of a dispute. You should also be aware that they often draw upon American law which is not applicable in the UK.
Much like a will, after you have entered into a Pre or Post Nuptial agreement it is important to keep it under regular review, particularly if you have children or your circumstances otherwise change.