Prenuptial and post-nuptial agreements

It may be unromantic but consider having a pre-nuptial if there is disparity in your wealth.

A pre-nuptial (made before a marriage) or post-nuptial agreement (made during the marriage) is a document that a couple sign.  It sets out what the financial settlement should be, if the couple divorce in the future.

Although pre-nuptial and post-nuptial agreements are currently not legally binding in England, a Judge is likely to take it into account when ruling on a couple’s matrimonial assets, should the unthinkable happen.

There are a few reasons why a couple might consider a pre-nuptial or post-nuptial agreement.  These include;

  • There is an existing disparity in the wealth or assets that one of the couple is bringing to the relationship
  • There is an expected disparity in the future wealth that one of the couple will have in the relationship e.g. the couple or one of the couple are expecting to be extremely successful and want to protect their future earnings and assets
  • For older couples, the term “silver splicer” has appeared, this relates to people over 60 marrying for the second time, and who wish to protect their assets which they want to leave to any children of a previous relationship, without worrying about whether those assets will be taken in a divorce.

Our family team provide advice on both pre-nuptial and post-nuptial agreements. In order for either type of agreement to be upheld in Court, the agreements must meet certain safegaurds. Our experts will help you process these so should your relationship breakdown in the future, your assets will be protected as much as they can be in the eyes of the court.

Contact a member of the family team to book a free 30 minute appointment at any of our three Suffolk offices, to discuss whether a pre-nuptial or post-nuptial agreement is the right choice for you.

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