Pre-nuptial and post-nuptial agreements are becoming increasingly popular as a way to preserve family wealth in the event of a relationship breakdown. They also minimise the risk of expensive disputes upon divorce, particularly where there is pre-marital wealth, inherited wealth or shareholdings in a company.
Pre-nuptial agreements:
Myers Law can create a pre-nuptial agreement for you and your partner before you get married. This is a formal agreement which sets out how you and your partner’s assets will be divided in the case of divorce. Whilst not legally binding in the UK, they are evidence of your intentions if you do separate and they have become more recognised in recent years since the case of Radmacher v Granatino [2010].
The best way to ensure your agreement is as binding as possible is to ensure it is written up correctly. Each provision in the agreement must be entirely fair and you must ensure certain conditions are met, including the following:
- Each party must offer full disclosure of their assets, liabilities and debts in the agreement
- The agreement must be voluntary and both parties enter the agreement of their own free will
- The requisite time frame for review must be met
- Both parties must seek independent legal advice on the document
The agreement must also be signed at least 28 days before the marriage.
Post-nuptial agreements:
We can also help you to create a post-nuptial agreement following marriage. You may create one because you have inherited or gained a valuable asset which you want to protect following your wedding.
A post-nuptial agreement sets out an agreement with your spouse as to how assets would be divided if you later divorced. Again, whilst not legally binding in the UK, they are a consideration in the event of divorce if written up correctly and can help you if you are trying to preserve assets.
