Pre-nuptial Agreement Lawyers in Cumbria
What is a prenuptial agreement?
A prenuptial agreement is a contract entered into prior to marriage or civil partnership to provide for the division of property and assets or spousal support in the event of a divorce or civil partnership dissolution.
Do you need a prenuptial agreement?
If you are planning on getting married or entering a civil partnership, you should consider entering into a prenuptial agreement in the following circumstances:
- If you are bringing significant assets into the marriage and wish to protect the assets in the event of the marriage not working out and ending in divorce;
- If you are getting married for the second time and wish to protect yourself from financial claims if the marriage fails, so as to protect your assets for yourself or your children from a previous relationship; or
- If you wish to avoid lengthy and expensive arguments about financial arrangements the event of a divorce.
Are prenuptial agreements binding?
Under English law pre-nuptial agreements are not automatically binding upon a court. However, if the agreement is properly entered into a court is likely to follow the terms of the agreement. For the court to uphold the agreement the following requirements must be met:
- The parties must have had independent legal advice from the terms of the agreement;
- The agreement must have been entered into voluntarily without any duress; and
- The agreement must have been completed at least 21 days before the marriage or civil partnership.
How we can help?
If you would like to enter into a prenuptial agreement we charge a fixed fee for all the work involved including:
- Advising you about the terms of the agreement;
- Negotiating the terms of the agreement with your partner and his/her solicitor;
- Drafting the agreement;
- Advising you on the terms and implications of the agreement; and
- Dealing with the execution of the agreement.
Need more advice?
If you need more detailed advice about entering into a prenuptial agreement call us or apply online for a free case assessment.