A pre-nuptial agreement is a contract entered into prior to a marriage or civil partnership to protect in so far as possible, the division of certain assets and wealth should the relationship break down.
It is not correct to think that pre-nuptial agreements are only for those who are rich or famous. In fact a pre-nuptial agreement can be a sensible way of protecting your best interests, because no one can foresee the future.
Do I Need a Pre-nuptial Agreement?
In this country, pre-nuptial agreements are not automatically legally binding and cannot always oust the jurisdiction of the Court. However, pre-nuptial agreements are taken into account in certain circumstances and can be a determining factor in any decisions made by the Court. Obviously, you would never hope to have to use a pre-nuptial agreement but should circumstances arise then it may be of assistance.
In recent case law, the Court has given significant weight to pre-nuptial agreements entered into where it is evident that the parties have had considered and meaningful negotiations with voluntary financial disclosure before the marriage and where it is clear that they had an intention of dividing their assets and wealth following a relationship breakdown. This is why it is important to obtain correct and appropriate advice when drafting a pre-nuptial agreement.
If you would like to learn more about creating a pre-nuptial and their importance then contact JW Hughes & Co. Solicitors today on 01492 874774 and book a free consultation with our Family Law Specialists. Bring a list of your assets with you and they will be happy to explain the process in full.
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