Prenuptial & Postnuptial Agreement Lawyers Berkhamsted, Amersham & Beaconsfield
While many people do not want to consider the possibility that their marriage might end in divorce, unfortunately, it is the case that some do. The family law solicitors at Breakthrough Family Law have worked with many clients to draft pre-nuptial agreements that avoid costly and lengthy court proceedings should their marriage come to an end.
What is a Prenuptial and a Postnuptial Agreement?
A Prenuptial Agreement is an agreement two parties enter into before they get married, providing specific instructions on how their assets, both individual and shared, will be divided if their marriage breaks down.
Postnuptial Agreement is an agreement between two people who intend are already married, dealing with what should happen to assets in the event of a divorce.
These agreements are more commonly used now and involve couples from all ends of the financial spectrum as many may have children from previous relationships and would wish to ensure they can make a Will providing a degree of certainty for their beneficiaries.
Can UK couples and spouses sign a Prenuptial/Postnuptial Agreement?
Yes, although the Courts will not automatically enforce these agreements. Specific precautionary steps must be followed if the agreement is to be enforceable in court.
This will depend on the length of your document and the expertise of the solicitor drafting your agreement. For example, if you have a lot of assets and a complicated financial situation, then it may take longer to draw up. Our family solicitors will always be transparent about costs. We have years of experience in helping couples with their pre and postnuptial agreements and we will tailor our expert service to your needs.
If either of you have connections with another country, such as assets or future plans to move abroad, you should speak to a specialist family solicitor in that country. They can advise you on the need for and effect of a Prenuptial/Postnuptial Agreement in their country. You can also include a jurisdiction clause, which will set out the jurisdiction that you want to get a divorce, and where you would like the agreement to be enforced.
These agreements can include things such as what will happen to:
- Property from before you were married
- Any property given to you or inherited during the marriage
- Any personal belongings or possessions
- Your pensions
- Any debts you may have at the time of your divorce and how they will be handled
These agreements are not strictly legally binding.
The first step is to consult a family solicitor with experience in making these agreements. Both you and your partner/spouse will need to obtain independent legal advice before signing the agreement.
Many people consider whether they can prepare their own agreement, hoping to save money or make the process easier for themselves. In our view, this is a dangerous course of action. As it stands at the moment, these agreements are not legally binding documents. However, if you want any hope of having a court take account of the wishes expressed in an agreement, you need to make sure the agreement is prepared in a very particular way.
Serving family law clients across Bucks, Berks, Herts & Middlesex
Our specialist family law solicitors serve our clients across Bucks, Berks, Herts and Middlesex.
Some clients work with us remotely, others we can visit at home or they can visit our offices in Amersham, Beaconsfield, Berkhamsted, Chesham, Chorleywood, Gerrard’s Cross, High Wycombe, Rickmansworth or The Chalfonts.
Wherever you are, let Breakthrough Family Law provide you with the specialist advice that you need.
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