A pre-nuptial agreement is a written agreement made between a couple before they get married. The agreement is a way of regulating what should happen to the finances of the relationship in the event that the marriage breaks down.
No one wants to believe that their marriage will end and no one wants to have to deal with something that at the time, they do not believe will happen. Although a pre-nuptial agreement does not seem like a romantic way to begin married life, it is a form of documenting your intentions in writing to avoid future financial disputes. In the past, there has commonly been the view that pre-nuptial agreements are for the rich and famous when actually they are becoming much more common in this country.
Pre-nuptial agreements are not yet legally binding in England and Wales but recent case law has given them more weight in the event of a marriage break down. Following the Supreme Court’s judgment of Radmacher v Grantino, pre-nuptial agreements should be given decisive weight. In this case, the Court held that:
'The Court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.'
If your marriage does break down and divorce proceedings follow, the Court will look at all of the circumstances of your case in order to achieve a fair outcome, and one of the circumstances that the Court will consider will be any pre-nuptial agreement between the couple.
Attwells Solicitors can provide full and comprehensive advice on how to give your pre-nuptial agreement as much weight as possible. If you are thinking about entering into a pre-nuptial agreement, this should be dealt with well in advance of your marriage to avoid any claims of duress. Even though you and your partner agree on the terms of the agreement, it is still important for each party to obtain independent legal advice and to have fully disclosed to the other all of your assets.
Attwells Solicitors approach to preparing your pre-nuptial agreement will be to provide full and comprehensive advice as to how to give your agreement as much weight as possible. In most cases, we may be able to offer you a fixed fee for preparing a pre-nuptial or post-nuptial agreement on your behalf, but where this is not possible, we will provide you with a clear estimate of our fees before we begin work on your behalf.
It is also critical that consideration is given to making a Will and Attwells Solicitors Private Client Department can help here.
Please contact us for a FREE NO–OBLIGATION consultation on pre-nuptial or agreements, whether in Ipswich, Suffolk or St Johns Wood, North London. Attwells’ will ensure that following your initial meeting, at the very least, you will understand your rights and whether a pre-nuptial agreement is an appropriate solution for you at NO COST to you. Attwells’ do not charge you to understand and listen but aim to achieve effective solutions for you.
Please call Emily Diaz in our London office on 020 7449 3134 or e-mail her at email@example.com or contact Samantha Gray in our Ipswich office on 01473 746000 or e-mail her at firstname.lastname@example.org to make your FREE appointment NOW.