PRE-NUPTIAL AND POST-NUPTIAL AGREEMENTS

Pre-nuptial Agreements

Persons planning to marry have the option of entering into an agreement before their marriage. Such an agreement is intended to deal with financial arrangements and entitlement in the event their marriage breaks down and ultimately it is brought to an end.

A number of conditions have to be satisfied if a pre-nuptial agreement is to stand any real chance of being enforced at a later date in the event a marriage breaks down irretrievably. An agreement is more about limiting financial claims that might otherwise be made by a party to a marriage following the marriage breaking down irretrievably.

Under English Law a pre-nuptial agreement is a major factor that has to be taken into account when considering each party’s possible claims. They can provide certainty and finality and the Divorce Courts are becoming more willing to enforce such agreements.

Agreements of this sort need to be made a reasonable time before a marriage.

Post-nuptial Agreements

Parties to a marriage are able to enter into an agreement dealing with financial provisions in the event the marriage breaks down. Once again, conditions have to be satisfied if a post-nuptial agreement is to have a real chance of being upheld. A Court has the discretion to vary such an agreement.

Specialist advice ought to be taken on any occasion that a pre-nuptial or a post-nuptial agreement is being considered.

It is difficult to estimate the likely time-scale for completion of an agreement, however, it should be possible to complete one over a period of six to twelve weeks.

Phone 02392 505500 and ask for Richard Parrott or Chris Mills or their secretaries to make an appointment or request a call back