Pre Nuptial & Post Nuptial Agreements An important case was decided in 2010 which stated that a pre-nuptial agreement could be influential and indeed upheld by the court in divorce proceedings. Pre-nuptial agreements are not legally binding at the present time but the thinking is that they will become so in the future. They can however be given considerable weight by a Judge in deciding financial issues on divorce and so they are becoming more popular. If you are considering a pre-nuptial agreement you must both take independent legal advice You need to ensure there is provision for review should circumstances change, for example if you have children. A pre-nuptial agreement should be signed at least 6 weeks prior to marriage and you need to provide full disclosure of your financial circumstances. Call us today for your free initial consultation 01525 632 330 email us at firstname.lastname@example.org or ask us a question using our online enquiry form
Issues the court will be considering is how soon before the wedding was it signed, (post nuptial agreements can also be entered into), was either party under any pressure to sign, how did discussions about the terms take place, did each party have full details of the financial circumstances of the other and did both parties take independent legal advice.
Pre-nuptial agreements that were instigated mutually and contain reviews to take account of changes of circumstances such as having children and that are set out in reasonable and clear terms are more likely to be followed by a Court.