“As a specialist Family Law firm you can be assured of the best possible advice, client care and outcomes”
Amy Walklate at Amy Walklate family Law has experience in dealing with both pre and post nuptial agreements. These agreements need careful consideration and it is always best to seek advice from a specialised matrimonial solicitor such as Amy to try to avoid potential problems later.
What is a pre-nuptial agreement ?
A pre-nuptial agreement is a contact entered into by a couple prior to marriage or civil partnership. The agreement sets out the arrangements between the parties on the breakdown of the relationship.
What is a post-nuptial agreement ?
A post-nuptial agreement is an agreement entered into after a couple has marred or entered into a civil partnership and contains similar provisions to the pre-nuptial agreement.
Are the agreements legally binding ?
In the past pre-nuptial agreements have not been considered legally binding in England and Wales. Following the ruling of the Supreme Court in the case of Radmacher v Granatino (2010) the Court clarified the position and stated pre-nuptial agreements should be binding provided:
- There has been full and frank financial disclosure
- The agreement was entered into at last 28 days prior to the wedding ceremony
- There has been no undue influence on either party
- Independent legal advice has been taken
The court may still uphold the agreement even if all the above factors have not been met however the court will not uphold any agreement if the circumstances make it unfair to do so.
Traditionally post-nuptial agreements were not considered legally binding. Following the decision in the case of MacLeod and MacLeod (2008) the court held if the parties enter into a post -nuptial agreement and the conditions of legal advice and disclosure (as above) are met the fact the agreement is not the agreement the court would have made is not enough to set the agreement aside.
Why should I consider an agreement ?
You should consider having a pre or post nuptial agreement if you and your partner have a lot of assets together or independently, if you want to protect inherited assets or a business and there are children of a previous marriage. For these reasons such agreements are often popular with those parties entering into a second marriage.
What will the agreement include ?
A pre or post-nuptial agreement may include provision for property, income, inheritance , wealth, pension, household bills and debt and distribution of assets in the event of death this list is not exhaustive and it is essential advice it taken about what to include.
Pre and Post nuptial Agreements can be complex, it is essential to obtain specialist advice.
At Amy Walklate Family Law Limited we offer specialised Pre and Post Nuptial Agreements at competitive prices.