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 It is seen by many as being decidedly unromantic to talk about what will happen to property and assets if and when the marriage comes to an end.  However people also do not talk about the legal implications of marriage.

Unfortunately, however, a significant number of marriages do end in divorce and bearing in mind the way assets are split in a divorce many people are taking advice now as to how to protect themselves and their assets in the event of a relationship breakdown. For some, getting an arrangement in place is the very comfort they need to enable them to proceed into marriage and all that goes with it. These are called Pre-Nuptial Agreements.

Our large and leading Matrimonial team would be delighted to talk to you - free of charge - about pre-nuptial agreements and how they might work for you. All you need to do is click on "Please Contact Me Now” or call us on 0845 567 5000.

Pre-Nuptial Agreements show each party's intentions in relation to their financial affairs and approach to the marriage and should provide a good indication of how assets are to be divided on divorce or separation, minimising or even negating the chance of later disputes.

Recently the Supreme Court decided on the validity of pre-nuptial agreements.  By a majority decision they decided that if a Pre-Nuptial agreement is fair and made without duress the court should not intervene even if the court may make a different decision on the facts.

The question now is whether the agreement is fair or not, and in order for the court to decide these points will be relevant.

  • The parties should have understood the Pre-Nuptial Agreement and intended to be bound by it.
  • The parties should not have been under any pressure to sign the Pre-Nuptial Agreement.
  • The Pre-Nuptial Agreement should have been signed an appropriate length of time before the wedding day. 
  • The parties should have been properly advised and there should have been full financial disclosure by both parties before the Pre-Nuptial Agreement was signed.
  • There should have been no unfairness or injustice to either party
  • There should have been no material change in circumstances since the agreement was entered into.

We would be delighted to talk to you, free of charge, about your circumstances and whether a prenuptial agreement would assist you. Please just click on "Please Contact Me Now”, or call us 0845 567 5000.

We recognise this as an evolving area of law and we remain closely involved in that evolving law and what it means for our clients. We will be happy to advise on the advantages of having a Pre-Nuptial Agreement, and on the terms, negotiation and drafting of Pre-Nuptial Agreements. We also offer guidance on tailor-made solutions to suit specific circumstances, including for those clients entering into a Civil Partnership. 

If you are interested in finding out more then please feel free to call our Family Team and we will happily discuss it with you, free of charge and without obligation.

As we say, we are always there for people and families who are in our PURPLE LEGAL scheme. We invite you to join PURPLE LEGAL now. By joining PURPLE LEGAL, you can have all your legal enquiries answered free of charge by simply booking a SolicitorSlot for a time and date that suits you.  Alternatively if you wish to speak to us now, please click on "Please Contact Me Now” or call us on 0845 567 5000. We look forward to always being there for you.

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