Why a prenuptial agreement could make good sense
A prenup, or to give it its full title – a prenuptial agreement, sometimes called a pre-marriage agreement – is a proposal that is approved by both parties prior to marriage. If however, you do not intend to marry but propose to live together, then the document is called a cohabitation agreement.
The main reason for a prenuptial agreement is to protect the wealth of one or both partners and determine their obligations to each other in the event of the marriage failing.
This is in no way negative, because very often a couple will agree to sign a prenuptial agreement in order to protect existing family assets that they wish to pass on to their children. It is particularly relevant in the event of a second marriage, or a marriage later in life when one or both partners may have individual assets or accumulated wealth.
We should say at this point that a prenuptial agreement is not currently binding in England. However, if there is a dispute then a Judge is certainly very likely to consider and support a professionally presented prenuptial agreement when taking everything into account.
Most importantly this is only the case if the prenuptial agreement has been drawn up correctly, is technically accurate and has been signed by both parties.
This of course is why it is vitally important that you consult an expert and experienced family law solicitor to discuss the arrangements you have in mind and to ensure that the prenup document is not only perfectly clear and precise in its detail, but does not contain any loopholes that could, in the future, jeopardise your wishes.
At Higgins Miller all our solicitors are fully qualified and highly experienced. You will also find that we are not only extremely friendly and approachable, but we are able to provide the very best professional advice and we will provide all the help you require to assist and guide you through the necessary procedures
Equally importantly you know that you can be certain the agreement we prepare for you will meet all the requirements of the court in the event of a separation.
There is another side to prenuptial agreements that is also very important. It may be the case that it is not yourself who is proposing the prenuptial agreement, but you have been asked to sign it.
If this applies to you we would certainly advise that before you do sign the document you should consult us to so that we can check that what is proposed is fair to both parties and we will also make sure that you fully understand exactly what you are agreeing to.
As it implies, a prenuptial agreement should be signed before any marriage, so you can appreciate that timing is of the essence and if you are proposing a prenuptial agreement then we strongly advise that you should not delay in making contact with us.
If you would like to discuss a prenuptial agreement with one of our specialist solicitors then we can arrange an initial one hour meeting in our Stockport offices for just £50 + VAT and we will provide you with a written report of our discussion together with our professional advice.
To arrange this fixed fee first appointment please telephone us on 0161 429 7251 or email [email protected]
We are a firm of Stockport Solicitors specialising in divorce, matrimonial, family issues and children disputes. Based in Stockport but covering the whole of England and Wales, we offer a friendly but robust and practical approach to your case.FIND OUT MORE
PRENUPS RELATED SERVICES
We are a firm of Stockport Solicitors specialising in divorce, matrimonial, family issues and children disputes. Based in Stockport but covering the whole of England and Wales, we offer a friendly but robust and practical approach to your case.