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Pre Nuptial Agreements – timing is everything?

Pre Nuptial Agreements – timing is everything?

Julie Kirkbride, our head of Family Law talks more about the considerations needed before entering into a pre-nuptial agreement (pre-nup).

Pre Nup

I have been practicing in family law for just over 15 years and can certainly say I have seen a wide range of circumstances and situations. No two relationship issues are ever the same.

One recent call to our office focused my mind on the fact that perhaps not enough is known about pre-nuptials and what is actually involved. A gentleman was wanting to enter into a pre-nup agreement 2 weeks before he was getting married! 

Perhaps little is known about the role or a pre-nup or indeed how it needs to be put together and what the requirements are.

When making plans to get married all sorts needs to be organised well in advance of the big day and this includes getting some legal advice on a pre-nup. Don’t leave it until the last minute!

Before the pre-nup is signed both parties need to fully disclose their assets and wider financial position to the other and have sought independent legal advice on the merits of signing such an agreement. If this doesn’t happen then any court being asked to rule on a dispute involving the document may be reluctant to order the parties to stick to what has been agreed.

A pre-nup is not for everybody but those who have been married before and have children might find them useful to ensure that assets held pre-marriage go to older children in the event of their death. A pre-nup can also be useful in short, childless marriage.

Things to be included in a pre-nup:

The family Home, Other property, Bank Accounts, Pensions, Gifts or assets acquired during the marriage, Debts, Day to day living expenses
………and on a pessimistic note provision for the dissolution of the marriage should it fail!

For advice on this or any other aspect of protecting your assets, including making a will which is essential if getting married – contact Julie or Iain on 01325 466461

Julie Kirkbride, head of family law

Iain Robson, Partner, Wills & Probate

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