A Pre-Nuptial or Pre-Marital Agreement is a contract entered into between two people before they marry or form a civil partnership. It is particularly worth considering in circumstances where financial resources are imbalanced or when it is necessary to consider the needs of children from a previous relationship. It is worth thinking about these agreements in the same way as life or critical illness insurance. It is something that you hope you will never need but it is there to protect you or your family if the worst happens.
The law relating to Pre-Nuptial Agreements has developed following the Supreme Court decision in Radmacher v Granatino in October 2010. The key points to consider are:
If a relationship does break down at a later stage, the agreement may minimise the distress and expense at that point.
It is best to enter into an agreement at the very least three weeks prior to the wedding or civil partnership and we would therefore recommend that you contact us at least two or three months prior to the ceremony to allow sufficient time for negotiations prior to the agreement being finalised.
It is also possible to have a Post-Nuptial Agreement. This is similar to a Pre-Nuptial Agreement but entered into after marriage, rather than beforehand. Again, this can help to avoid acrimonious discussions in the event of a subsequent divorce or separation.
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