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Prenuptial Agreements

Duncan Lewis Family Law Solicitors - Prenuptial Agreements

 

Making arrangements to separate is usually the last thing a newly engaged couple wants to think about but drawing up a prenuptial agreement as part of your marriage plans can help put aside any future financial uncertainty involved in getting married, including making sure both parties are treated fairly should they ever decide to end their marriage.

 

Around 50% of marriages now end in Divorce and second or even third marriages are becoming more commonplace.

 

Prenuptial agreements are also becoming more widely recognised by the courts and can be used for couples getting married or entering into a Civil Partnership (known as a pre-Civil Partnership agreement).

 

Signing a prenuptial agreement can help protect assets accrued before marriage such as property, financial assets and pension funds. If a marriage or Civil Partnership breaks down within a few years, or a marriage or Civil Partnership ends in Divorce.

 

Prenuptial agreements are also essential where there are children from a previous marriage or Civil Partnership, as a “pre-nup” can establish their inheritance rights in the future.

 

Prenuptial Agreements
  • In order for court to recognise a prenuptial agreement, the agreement has to be signed by both parties of their own free will and not under duress.
  • It is also advisable that both parties take independent legal advice on their rights under the Matrimonial Causes Act 1973 before signing a prenuptial agreement, as the point of a “pre-nup” is to protect both parties.
  • The agreement must cover provision for any children of the marriage or any existing children from one or both party’s previous relationship(s).
  • If one party withholds any important information or fails to disclose the value of their assets or property, this may affect any future Divorce proceedings the prenuptial agreement is intended to be fair to both parties and not advantage one over the other.
  • There is no set rule for when a prenuptial agreement is signed a few weeks or a month before the marriage is usually the case.

 

Duncan Lewis Divorce solicitors offer expert and detailed legal advice to couples wishing to draw up a prenuptial agreement.

 

Duncan Lewis also has successful departments specialising in family and children law, property law and litigation, able to advise couples the various issues in prenuptial agreements and how to ensure an agreement best suits their future needs and those of any children.

 

Fixed Fee Prenuptial Agreements

 

Duncan Lewis Divorce solicitors offer an initial fixed fee for cases involving prenuptial agreements. All other and further work would be carried out by way of our competitive hourly rates.

 

Duncan Lewis advises clients considering signing a prenuptial agreement to get in touch as soon as possible for an assessment of their case so that matters can be worked through thoroughly before their wedding day or the day of their Civil Partnership ceremony.

 

For expert legal advice on Prenuptial Agreements and related family matters, call Duncan Lewis Family Solicitors in confidence on 033 3772 0409.


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