Pre & Post Nuptial Agreements
Pre-marital agreements / Post marital agreements If you are intending to marry and would like advise regarding a pre-marital agreement and the possibility of protecting assets that you have acquired before marriage it is imperative that you consult lawyers at least two months before the date set for your marriage.
Pre-marital agreements – sometimes referred to as pre nuptial agreements, set out what is intended to happen to pre marital assets in the event of a breakdown of the marriage. Although these pre marital contracts are not binding under English Law, there is a trend towards the Courts recognising Pre-marital agreements and attaching weight to them where the terms are seen to be reasonable.
Sometimes couples planning separation or divorce decide to reconcile. It is possible to enter into a post-nuptial agreement to determine the division of assets if the reconciliation is unsuccessful. Whilst they are not yet binding under English Law they may be persuasive on a subsequent breakdown of marriage.