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PRENUPTIAL AND CIVIL PARTNERSHIP AGREEMENTS


If you are planning to get married or enter into a civil partnership, you may wish to consider a pre-nuptial agreement.

Pre-nuptial agreements are becoming increasingly popular and the head of the family team, Navdip Dhariwal, can provide constructive advice to enable you to ascertain whether this course of action is right for you.

A prenuptial agreement sets out what you and your future spouse (or civil partner) agree should happen in relation to your finances should your relationship break down and you separate.

Although not legally binding under English Law, the Courts are increasingly taking such agreements into consideration in circumstances where:

(1) Each party has had independent legal advice before entering into the agreement

(2) Each party has made full and frank disclosure of their financial position

(3) There has been no pressure brought to bear on either party to enter into the agreement.

As such the agreement should be entered into not less than 21 days before the marriage/civil partnership.

An increasing number of couples are choosing to enter into prenuptial agreements, particularly in matters with an international element or where one or both parties have been married before or where there is a wide disparity in the relative financial positions of the parties.

Additionally, many people feel that a prenuptial agreement may minimise disagreement further down the line should they separate.


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