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As more than 30 per cent of marriages currently end in divorce, it is understandable that more couples are seeking to safeguard their individual positions by entering into either a pre or post-nuptial agreement. Post-nuptial agreements are very similar in style to pre-nuptial agreements but are entered into after the marriage has taken place, rather than before. It provides a legal agreement as to the division of property or assets should the relationship break down.
For couples who are already married, particularly those with children and even children from a previous relationship, drawing up a post-nuptial agreement can act as a safeguard. These agreements can not only protect the assets but can also prevent potentially harmful distress in the event that the relationship breaks down later on.
Are post-nuptial agreements binding?
Ultimately, this is for the court to decide. However, there are some basic factors which need to be in place:
- The post-nuptial agreement must be seen to be fair
- Full disclosure must be made of all of the assets by both parties.
When considering whether to enforce a post-nuptial agreement, the courts will also take the following issues into account:
- The conduct of the parties leading up to the agreement
- The circumstances surrounding the making of the agreement
- Whether there was any undue pressure by one side to secure an unreasonable advantage
- Whether the agreement was made with the benefit of independent legal advice on both sides.
Can we help you?
If you would like to discuss any aspect of post-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 firstname.lastname@example.org. We’re here to help.