Individual / Family
Putting in place a nuptial agreement may be seen by some as unromantic and undermining the vows taken and/ór commitments made when marrying. However, over recent years, they are becoming much more common place in England/Wales and in many cases deemed to be a sensible step to take.
To discuss making a nuptial agreement in confidence with one of our expert family lawyers, please call 0345 507 5151, e-mail familyteam@gorvins.com or fill in our online form and a member of the team will call you back at a time to suit you.
A prenuptial agreement is a document you draw up before marrying which sets out how your finances shall be determined should you later separate and divorce. This could include what the overall terms of settlement would be on divorce or set out what assets are excluded and thus protected from any future financial claims on divorce.
There are many situations where a nuptial agreement may be appropriate. The most common we deal with at Gorvins is where there are children from a previous relationship and a parent wishes to ensure they are adequately provided for before embarking on a marriage to a new partner, or to preserve and protect inherited wealth or a family business. A nuptial agreement may also provide some assurance when embarking on a second marriage.
A postnuptial agreement is the same as a prenuptial agreement save for that it is entered into after marriage.
Whilst they are not currently legally binding in England and Wales, nuptial agreements are given significant weight. This is especially the case if certain safeguards are in place and, in particular, if the needs of the more financially vulnerable are met and the terms of the agreement are not inherently unfair if upheld.
Therefore, it is important that both parties to the agreement receive expert legal advice and for such advice to be independent of each other’s.
Our Family Law team at Gorvins can advise you on all aspects of prenuptial and postnuptial agreements. Call 0345 507 5151, e-mail familyteam@gorvins.com or fill in our online form at the top of this page.
Our Wills, Trusts & Probate team can help you prepare your Wills alongside a nuptial agreement. Contact the team on 0345 507 5151 or e-mail willsteam@gorvins.com.
