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Same Sex Pre-nuptial Agreements
Getting married can have significant implications for your property, assets, savings, pension and more. A legally sound pre-nuptial agreement can offer some protection in the event your marriage ends in divorce, giving you peace of mind.
Crisp & Co’s highly experienced same sex marriage solicitors can advise you on all aspects of creating and reviewing pre-nuptial agreements. We can help to ensure your interests are protected and that the agreement you create is legally robust, giving it the best chance of being honoured by a judge in the event that your marriage does end in divorce.
We can also help with pre-civil partnership agreements and same sex living together agreements for those who are not ready to, or prefer not to, get married.
Talk to one of our same sex pre-nuptial agreements solicitors today on 020 3281 7889 or use the enquiry form above for a quick reply.
Our same sex pre-nuptial agreements service
Our LGBTQIA family law solicitors offer a full range of services for people seeking same sex pre-nuptial agreements, plus similar agreements for people entering civil partnerships or simply living together as a couple.
We can help you create a legally sound same sex pre-nuptial agreement that sets out how your property and assets will be divided if your marriage ends. It is essential to have a solicitor experienced in pre-nuptial agreements to draft the agreement to ensure it has the best chance of being taken into consideration by a judge in the event your relationship ends.
Both you and your partner will need your own independent solicitors to represent you during the process of creating and reviewing your pre-nuptial agreement. This makes sure you both clearly understand the agreement and neither party can later claim they did not enter the agreement with full knowledge of its implications.
Post-nuptial agreements offer an alternative to a pre-nuptial agreement that can be entered into after you are already married. The requirements and implications are broadly the same as for a pre-nup, although the negotiations required can sometimes be more sensitive, especially if the reason for creating the agreement is to do with a specific issue that has arisen during your marriage.
Pre-civil partnership agreements
If you choose to enter a civil partnership, rather than getting married, a pre-civil partnership agreement is the relevant equivalent to a pre-nup.
Living together agreements
If you are living with your partner without getting married or entering a civil partnership, or planning to do so, a living together agreement can be a good idea. This is a legally binding agreement that sets out the rights of both parties to any shared assets in the event your relationship ends.
Living together agreements are perhaps most commonly used where one party owns a property where the couple will be living. This will clear up what rights, if any, the non-owning party will have to the property, if, for example, they contribute towards the mortgage.
A living together agreement is essential if a couple who are not married or in a civil partnership buy a property together. This is especially true if one of them will be contributing more towards the mortgage than the other, as it can define what proportion of the value of the property each of them will be entitled to in the event their relationship ends and the property is sold.
Are pre-nuptial agreements legally binding in the UK?
Pre-nuptial agreements are not currently legally binding in the UK, however, judges will usually take a pre-nup into consideration when deciding on a financial settlement during divorce proceedings. A pre-nup can also make it easier to reach a voluntary agreement during a divorce, as your intentions prior to the marriage will be clearly laid out.
For a same sex pre-nuptial agreement to be considered by a judge, the following conditions should apply:
- Both spouses should have received independent legal advice before signing the agreement.
- A full and frank disclosure of both parties’ assets should have been made before the agreement was signed.
- The agreement should not have been signed less than 21 days before the marriage.
- Neither party should have been under pressure or duress to sign the agreement.
- The agreement should be fair and realistic - if the division of assets is weighted too heavily in favour of one party, a judge may deem it invalid.
- The pre-nuptial agreement should have been reviewed and amended if any significant changes in circumstances occurred during the marriage e.g. the birth or adoption of any children or the acquisition of substantial new assets.
If you wish to challenge a pre-nuptial agreement, failure to meet any of these conditions will usually be your best option.
Our expertise in same sex marriage and prenuptial agreements
Crisp & Co’s LGBTQIA family lawyers have many years of experience helping clients with all of the legal aspects of same sex marriage and civil partnerships. We have the expertise to guide you through the entire process of creating a same sex pre-nuptial agreement or pre-civil partnership agreement, keeping the process harmonious and productive while ensuring your interests are protected.
A number of our solicitors are trained in mediation and collaborative law and are members of Resolution, an organisation committed to non-confrontational methods of dispute resolution. This means that if there are any disagreements over your pre-nuptial agreement, we can help you and your partner sort them out in an amicable way, including negotiating with your partner’s solicitor to find a satisfactory resolution.
Get in touch with our expert same sex marriage solicitors
To speak to one of our LGBTQIA marriage experts about same sex pre-nuptial agreements or any other legal aspect of gay marriage, call us today on 020 3281 7889 or use the enquiry form below for a swift response.
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