PRENUPTIAL AGREEMENTS, OR PRE-NUP, PROVIDED BY EXPERT HAMPSHIRE BASED FAMILY LAW SOLICITORS SWAIN & CO.

Entering into a marriage or civil partnership brings with it significant financial consequences.

What is a prenuptial agreement?

A prenuptial agreement, or pre-nup, is an agreement between two people that is thought of and completed before their marriage or civil partnership to set out the division of assets in the event of a divorce.

Why should I have a prenuptial agreement?

You may be bringing more assets to the marriage than your partner and wish to protect them, or to make provision for children from previous relationships.

Are prenuptial agreements legally binding?

Historically, prenuptial agreements have not been enforceable in English Law. However, recent decisions in high profile cases such as Radmacher [Rachmacher (formerly Granatino) v Granatino [2010] UKSC 42] have given more weight to prenuptial agreements and senior judges have in certain circumstances ordered that such agreements should be upheld.

A pre-nup is not very romantic is it?

Whilst the notion of a prenuptial agreement may be viewed as unromantic and perhaps untrusting, in some circumstances they are very useful and necessary to protect the assets in the event that a relationship breaks down. It can also help to keep matters as amicable as possible on separation which is better for everyone involved, especially any dependent children.

What is a postnuptial agreement?

A postnuptial agreement is the same as a prenuptial agreement but it is entered into after the marriage, perhaps if there has been a change in circumstances.

We can help you

We are specialist Family Law solicitors who can help you by drafting a prenuptial agreement which adheres to guidelines to enhance the enforceability of the agreement reached. To meet safeguards and to help ensure any prenuptial agreement is legally binding both parties need to have had independent legal advice.

Alternatively, if you are seeking help with ending a relationship and need advice relating to an existing prenuptial or postnuptial agreement, our expert family lawyers are on hand to help you.

Contact us for free and speak to an experienced family lawyer on 0800 0351 999.

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