Prenuptial Agreements

 

Your children’s needs are a priority. We will Prior to marrying or entering into a civil partnership many couples consider whether they require a pre-nuptial agreement.  The divorce and matrimonial lawyers at Lloyd Platt & Co, can give you advice about the effect and enforcement of such agreements so that you can make decisions. 

Whilst pre-nuptial agreements are not strictly legally binding the courts do take them into consideration as part of the overall circumstances of the case. The agreement is likely to hold more weight if:-

  • You have both had independent legal advice.
  • You have both made full and frank disclosure of your finances to each other.
  • There has been no undue pressure on either of you to enter into the pre-nuptial agreement.  
  • There are no other factors to make it unfair

 

Prenuptial Contracts

 

The essence of a pre-nuptial agreement is to set out what both of you agree should happen in relation to your finances and/or the children in the event that your relationship breaks down. 

In the event that you subsequently separate the court will consider all the circumstances and decide what is fair.  The court will exercise their discretion as to the extent to which the agreement will be taken into account.

Pre-nuptial agreements are becoming much more popular and are being given more weight following the case of Radmacher v Granatino.  

A post nuptial agreement is an agreement made by parties after the marriage or civil partnership and is much more likely to be taken into account particularly where all of the circumstances are known and unlikely to change.  

To be given further information on the impact of a pre or post nuptial agreement please contact Belinda Strange, Matthew Durman  or Vanessa Lloyd Platt of these offices.

 

 

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