Getting married or entering into a civil partnership is an exciting time for any couple. Couples can often be overwhelmed with planning for their big day, but it is important to take time to also consider their financial security just in case things don't work out as expected.
By determining financial arrangements should the relationship break down further down the line, the couple will ensure that their financial interests are protected. Our team can offer you support and guidance in relation to these agreements and ensure they comply with the necessary requirements that will safeguard you and your family.
What is a Prenuptial or Pre-Civil Partnership Agreement?
Although drafting prenuptial or pre-civil partnership agreements can be seen as unromantic before you tie the knot, in reality, it can be a beneficial document to prevent confrontation and additional expenses arising in the future if the relationship comes to an end.
The best time to determine financial arrangements, as well as those relating to any children, is before a relationship ends or turns sour, after which the parties might typically find it harder to discuss in a conciliatory way. If these issues can be sorted in amicable times, this can achieve the desired results in a quicker and less stressful process.
These agreements are formal written documents between the two partners before a wedding or civil partnership. They can offer peace of mind to protect assets or inheritance as well as ensuring children from previous relationships are also financially protected. It can protect one of the parties' business as well as prevent debt being transferred to the other party.
Are Prenuptial Agreements Legally Binding in England And Wales?
Prenuptial or pre-civil partnership agreements are not legally enforceable in this country at the moment, but they are likely to be upheld by the courts so long as they are not considered to be fair. Various factors will be reviewed by the court in determining whether they will allow such an agreement to be followed, and this includes:
- When the agreement was signed, it should be at least 21 days before the marriage.
- Confirmation that both parties understand the agreement and voluntarily agreed to it.
- The reasonableness of the terms.
- If the agreement has been reviewed to ensure it is relevant to the circumstances of the relationship.
- That both parties had their own solicitor to protect their interests and gave full financial disclosure before having the agreement drafted by a qualified solicitor.
Contact our Prenuptial and Pre-Civil Partnership Agreement Solicitors, London
Our expert team of family lawyers can guide you through the whole process of a prenuptial or pre-civil partnership agreement to ensure that it documents correctly what the parties wish to occur in the event of a breakdown of the relationship. We realise this can be an awkward conversation for couples to have and our specialist solicitors will offer a sensitive approach, while still offering the best legal advice.