PRE/POST NUPTIAL AGREEMENTS
PRE-NUPTIAL AGREEMENT SOLICITORS IN READING & HENLEY
No one goes into a marriage or civil partnership contemplating that it won’t last, but the reality is that unfortunately, some relationships do come to an end. It often helps if, at the outset of the relationship, the parties have some open discussions and reach a consensus as to what would happen if they separate in the future.
Deciding whether or not a pre-nuptial agreement is right for you and your future spouse is a decision you need to make together. Every couple’s financial situation is unique, and you should both talk frankly about your current circumstances, and how they may change following your marriage/ civil partnership. Our pre-nuptial agreement solicitors in Reading and Henley can help advise on the best route for you.
If any of these circumstances apply to you, or your future spouse, a prenup may be particularly advisable.
Pre-nuptial agreements are largely used to protect pre-marriage property and assets, (especially if there is a disparity between how much each party brings to the relationship or attitudes towards spending). The Court has a wide discretion as to what Order to make when dividing assets as part of a divorce, whether they are assets in joint names, individual names, acquired during the marriage or prior. What will be appropriate depends on the facts of a particular case.
A pre-nuptial agreement is designed to persuade the Court from declining to use that wide discretion, and to not deviate from the terms of the pre-nuptial agreement. It is important to note that pre-nuptial agreements are not binding on the Court in England and Wales, and are but one of several factors the Court will have within its contemplation, but when entered into in compliance with prescribed best practice, case law supports the view that the Court will abide by the terms of a pre-nuptial agreement unless the terms are unfair.
