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Pre-Nuptial Agreement Can Strengthen
Your Marriage

 

Marriage brings with it financial obligations and rights.  As soon as a couple marries there is scope for one person to claim the assets of the other and as the relationship lengthens, and with the advent of children, those rights can gain great momentum.  

More and more frequently couples choose to agree before they marry what would happen were they to divorce or separate, particularly where there is already money or property held by one (or both) parties.  

These agreements are known as pre-nuptial agreements.

I have found that couples often find the process of agreeing what will happen to be beneficial as they are working together to achieve a common aim at a time when they want to be together rather than when they’ve decided to split up.

Having an agreement in place can also help a couple to make sound financial decisions during their marriage: knowing when an asset will be shared or the effects of contributions on the ownership of an asset can avoid misunderstandings in the future.

Agreements entered into after marriage are known as post-nuptial agreements.  Post-nuptial agreements can set out the terms upon which a couple will separate where divorce is not yet the right step, and what would happen were they to move to divorce.

Although still not automatically binding in the English courts, pre and post -nuptials are gaining in strength and momentum. Case law continues to improve the standing of such agreements in the UK (although the situation is still more complicated here than in most other European countries).

Over many years I have helped clients from around the world negotiate pre- and post-nuptial agreements (although those clients living in more than one jurisdictions will need specialist advice in each jurisdiction).

I will talk you through the options and help you decide whether an agreement is a good idea for you.

I can also advise you if you are facing separation and have a pre or post nuptial agreement in place.

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