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Pre-Nuptial Agreements
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This information is relevant to you if you need legal advice because you are thinking about entering into a pre-nuptial agreement before marriage.

Healys Solicitors’ expert team of Family Solicitors can give you legal advice about pre-nuptial agreements or about any other area of family law.

If you are thinking about entering into a pre-nuptial agreement then you need to think about the following:

  • As well as giving both partners legal security, marriage also gives each partner legal responsibilities and legal rights. Immediately on marriage a new spouse has an automatic claim to money and property, which is assumed to be a 50:50 entitlement unless other factors apply.
  • If you want to protect your financial position or regulate how your money and property should be divided on separation then you and your partner can enter into a pre-nuptial agreement. This is a voluntary agreement signed by both would-be spouses before the big day, in which they set out who owns what already and how that will be divided if there is a future separation or divorce.

Pre-nuptial agreements have been around for a while and are gaining in popularity. Increasingly the Courts are willing to recognise pre-nuptial agreements provided you get your timing right and the correct formalities have been followed.

Pre-nuptial agreements are often used where one or both would-be spouses already own substantial assets and both are agreed that it would not be fair for the usual rules to apply and/or for these to be split 50:50 if there is a separation or divorce in the future.

For a pre-nuptial agreement to be valid, each person has to be seen to be making an informed decision to limit their future financial claims. Each would-be spouse needs to be represented by a separate Solicitor or Lawyer and each must voluntarily provide the other with full details of their financial position.

A pre-nuptial agreement will not be valid if it is entered into after the marriage or if there is not enough time to follow the correct procedures before the big day. If you are thinking about a pre-nuptial agreement then make sure you plan it as carefully as the big day itself.

Healys Solicitors is experienced is successfully drafting and advising on pre-nuptial agreements on behalf of prospective husbands and wives.

Our many years experience as specialist Family Solicitors has taught us that each individual situation is different. Healys Solicitors can help by listening sensitively and giving you straightforward legal advice so you can weigh up what choices will work best for you.

When things are amicable we can help you keep it that way, and when things are tough we can help fight your corner.

Here are one or two things you may not know but could make all the difference:

  • Pre-nuptial agreements are not just for celebs and the very rich
    On average in the UK we are marrying later in life and for many of us it may be our second (or more) relationship – so more and more people are using pre-nuptial agreements to protect the assets they already have, either for themselves or for children from a previous relationship
  • A pre-nuptial agreement won’t be valid if it is signed at the last minute
    Unless proper time is given for each person to take independent legal advice a pre-nuptial agreement can be challenged as unfair
  • Pre-nuptial agreements are available for same sex couples who are thinking of registering their civil partnership
    In which case the agreement is known as a “pre-cip”. For more information please see Civil Partnerships & Dissolution
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Call our London office on 020 7822 4000 or our Brighton office on 01273 838734. You can also contact us online.
Call Us Today
London: 020 7822 4000 Brighton: 01273 838734 Or you can contact us online: Contact Us