Our highly skilled Leeds, Harrogate and York based family law specialists are experts in advising and drafting such agreements, tailored for every couple’s individual circumstances.
Pre-nuptial and post-nuptial agreements record how a couple’s assets will be divided if the marriage or civil partnership fails. It can also include other vital issues, such as arrangements for where any children will live and financial support for them.
A pre-nuptial agreement is entered into by both parties prior to the marriage, whereas a post-nuptial agreement can be drawn up at any time after the marriage.
Jones Myers family lawyers have seen a rise in the number of pre-nups we advise on and draft. The increase follows a Supreme Court ruling which recommended that, although not currently legally binding in England and Wales, courts should give significant consideration to upholding carefully considered agreements providing a number of criteria have been followed.
Couples in a second marriage may also use them – for example, in cases where one party may have generated wealth prior to the relationship – or to financially protect children from previous relationships. They can also provide for each partner on the death of either or both of them.
How Jones Myers can help
Jones Myers family lawyers are experienced in advising and in drafting pre-nups which promote healthy dialogue on key issues such as careers and families. They can also give comfort in cases where a wealthier spouse agrees to provide for the other spouse in the event of a separation.
Our experts guide you with sensitivity – helping you to discuss and consider often difficult matters before you enter into the marriage. We can also advise when the marriage breaks down and consider if the terms of a pre-nup signed by the parties prior to the wedding should be followed.
To ensure the court is likely to uphold the terms of an agreement, it is important that both parties have disclosed their assets to each other and that the terms of the agreement produces a result that is fair and reasonable.
Both parties are required to be given the opportunity to seek legal advice before signing the agreement and there should be no suggestion of one party being pressurised by the other to sign. The pre-nup should be signed at least three weeks before the wedding takes place.
Couples can still enter into an agreement, known as a post-nup, at any time during the marriage. Because the agreements are not legally binding, in the event of a dispute, the court can use its powers to vary a “post-nuptial settlement” if it considers the agreement to be unfair.
To make an appointment or enquiry with one of our divorce and separation team, by telephone or email, please contact Richard Peaker, Nicki Mitchell or Neil Dring. All contacts will, of course, be treated in the strictest confidence.
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