Pre-nuptial agreements

As specialist family lawyers, we regularly assist clients with drawing up pre and post nuptial agreements.

A pre-nuptial agreement is for couples who wish to protect their pre-marital assets and clarifies how both parties would like assets to be divided should the marriage or partnership come to an end. The agreement can include any assets, such as property, pensions, savings, even inheritances. Pre-nuptial agreements are particularly useful if one partner is wealthier than the other, and it can also address the potential complications of children or step children from past or existing relationships.

The cost of drawing up a pre-nuptial agreement can be minimal compared to what you might risk in a contentious dispute should your relationship break down. You can also change the agreement at any time, as long as both parties are in agreement. In order to offer some security it is often recommended that a pre-nuptial agreement is prepared at the outset prior to the marriage, and at least six weeks beforehand in order to provide some security with regards to preserving any pre-marital assets.

The courts view of pre-nuptial agreements

Historically, there has been an element of uncertainty about the validity of some pre-nuptial agreements. However, in a landmark case the Supreme Court decided that the pre-nuptial agreement entered into by a German heiress and her husband was held to be enforceable. This has helped to restore confidence that pre-nuptial agreements are becoming far more persuasive.

Can we help you?

If you would like to discuss any aspect of pre-nuptial agreements and to see whether this type of agreement would be appropriate for you, please call us now on 01242 517949, 01792 892692 or 01993 220651 and ask to speak to Colleen. Alternatively, please email us at enquiries@ds-legal.co.uk. We’re here to help.

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