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Pre-nuptial, pre-civil partnership, pre-cohabitation and post nuptial agreements have become very popular in recent years particularly since the landmark case of Radmacher v Granatino (2009) which saw the Courts give significant weight to such Agreements.
Currently these agreements are not legally binding however following the findings of a recent Law Commission report it is likely that such agreements will be made formally binding in the near future.
A pre-nup is an agreement that is entered into before the wedding ceremony and sets out how property and assets are owned and how they will be divided if the relationship does not work out. A post nuptial agreement covers the same aspects as a pre-nup but is entered into after the wedding ceremony.
Pre-nups have been associated with celebrities and the very wealthy in the past. However, we now find that an increasing number of clients require advice on this subject, as it provides a degree of certainty to the couple.
Pre-nups are relevant for couples who have a significant disparity in either income or capital and are especially useful for someone who has acquired property or assets before their current relationship and wants to ensure this is ‘ring fenced’ in the event of the relationship not working out in the long term, possibly where one of the couple has children from an earlier relationship.
One lawyer cannot advise both you and your partner. Pre-nups require that you see a solicitor and that your partner is given advice by another independent lawyer so that the agreement is entered into is fair to both of you. It is also important that you and your partner take advice early.
Our solicitors can provide you with specialist advice in respect of all aspects of preparation and completion of nuptial agreement. Our fees for this service are charged at our usual competitive hourly rates.