With an estimated 42% of marriages now ending in divorce, the idea of having a prenuptial agreement might not sound terribly romantic, but it can be regarded as an insurance policy should you decide or need to separate.
Of course, nobody getting married wants to think about divorce, however it may be sensible to make a prenuptial agreement. It is not just for the rich and famous as they are particularly useful if you want to protect your business assets or make sure that assets are kept for your children.
Although not strictly binding in this jurisdiction, the use of pre-nuptial agreements has increased dramatically in recent times and the courts are increasingly taking them into account on divorce and attaching weight to them where the terms are seen to be reasonable. This is especially true where both parties have taken independent legal advice and not rushed into signing the agreement.
Pre-nuptial agreements can protect you, your family and your assets in a number of ways.
They can be particularly helpful if:
- You are marrying for the first time and you wish to keep any assets owned prior to the marriage separate
- You have already been through a divorce and understand that an agreement can reduce complications in the event that the relationship fails
- You have business or commercial assets that you wish to protect
- You want to preserve assets for your children, particularly in cases where your children are from a previous relationship
We will work to understand your circumstances and draw up an agreement that is tailored to your specific needs. We will make sure your prenuptial agreement has the right safeguards in place to be considered by a court in future. We understand that this is a highly personal legal document and you can rely on us to treat the matter with sensitivity and care.
If you are already married and wish to protect yourself and your assets, we can draw up a postnuptial agreement. These can have even more legal weight than agreements entered into before marriage. It is similar to a Pre-Nuptial Agreement except that it is made after the marriage or civil partnership has taken place.
A Post-Nuptial Agreement would include the following details:
- Assets and debts
- Payment of any outstanding debts
- Income and expectations of any gifts and/or inheritances
- Any future income or gains including property
- A list of personally and jointly owned belongings
- How much maintenance will be paid to your ex-partner
- How any property will be split, this would include second homes etc.
- Insurance coverage including, life, medical and disability
- What will be covered in your Will in the event of your death
We will work to understand your needs and draw up a tailored agreement. We will make sure your agreement has the right safeguards in place to be considered by a court in future. We understand that this is a highly personal legal document and you can rely on us to treat the matter with sensitivity and care.