Pre-Nuptial Agreements and Post- Nuptial Agreements

Do you insure your car?

Why? Because you have to, but it is also a shrewd move.

You don’t buy a car thinking that it is going to be stolen or be in an accident, but you take out the insurance policy, just in case the worst should happen.  You insure it to protect the asset that you have saved hard to buy, your pride and joy.

Do you need a pre or post-nup?

My view is that a Pre-Nuptial or a Post- Nuptial Agreement (Nuptial Agreements) should be considered in the same light.

You do not enter a marriage thinking or believing that it will fail. You enter a marriage believing that it is a lifetime commitment for the both of you. Indeed, one of the first clauses which I place within the Nuptial Agreement reflects that very sentiment.

I have seen a rise in the number of clients wanting to enter into a nuptial agreement. It may be that one or either party has children they wish to protect, has built up an asset or wealth which they wish to protect, or a second marriage -and they do not want to go through lengthy and expensive court proceedings, again, if this union should fail.

There is a myth that the nuptial agreements are “not worth the paper they are written on”. In fact the court’s look favourably upon nuptial agreements, proving the following criteria is met:-

1. 1. a pre-nuptial agreement MUST be signed at least 4 weeks before the wedding. (please do come into see us about 5 months before the wedding (or earlier!))

   2. you must provide financial disclosure to each other

   3. you must both have the opportunity of seeking independent legal advice

   4. the nuptial agreement must still be fair.

Fiona Wilson, Head of Family, Solicitor
Lawson West Solicitors, Leicester

If you are considering a nuptial agreement, please do not hesitate to contact me; Fiona Wilson at Lawson-West Solicitors 0116 212 1000.

 

 

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