subject: The Rise Of The Pre-nuptial Agreement [print this page] A Pre-Nuptial Agreement is a contract entered into by a couple prior to their wedding and determines who can get what within the event of their wedding breaking down. The agreement can be written with flexibility to satisfy each individual set of circumstances. Some suppose that coming into into such an agreement is unromantic or might undermine the connection, but a properly drafted, easy agreement can defend each parties and will really forestall future conflict.
As is well publicised, a Pre-Nuptial Agreement isn't legally binding and hence many question the price of them. In recent high profile divorce cases where no Pre-Nuptial Agreement existed the wealthy party has paid a significant sum of cash to the ex-spouse despite the transient length of the marriage.
Following recent choices in cases where Pre-Nuptial Agreements have been put to the test, it's clear that the Court is attaching increasing importance to the terms of Pre-Nuptial Agreements. It should not be assumed, thus, that a Pre-Nuptial Agreement will not protect one's assets.
So as to grant a Pre-Nuptial Agreement the simplest probability of success a variety of things should be complied with:
* Both parties ought to have freelance legal advice.
* Each parties should totally and frankly disclose to at least one another their money means.
* The agreement ought to be entered into well earlier of the marriage (normally at least 21 days before the marriage).
* Provision ought to be made for any children.
If you are not married and are contemplating living with your partner then you would possibly want to enter into a Cohabitation Agreement to safeguard your assets. This serves the same purpose as a Pre-Nuptial Agreement in that it formally records what can happen to your assets if your relationship were to return to an end. The identical criteria ought to be followed to convey it the simplest probability of success.
If you are considering coming into into a Civil Partnership (the union of same sex couples) then you may want to protect your assets by entering into a Pre-Civil Partnership Agreement, following the identical criteria.
If you have got married then all is not lost and you can ask for to safeguard your assets by getting into into a Post-Nuptial Agreement. Once more, recent case law suggests that although not automatically legally binding, the Court can provide serious thought to such an Agreement.
Legal recommendation should be sought by anyone considering entering into such an agreement as a Court is very unlikely to uphold the terms of a home created agreement. Such an agreement ought to be considered by anyone who has acquired assets previous to their relationship and needs to safeguard them.
Samantha Jago, a Law Society accredited Family Law Specialist, contains a big selection of experience in all family matters to incorporate prenuptial agreements, cohabitation agreements, divorce, disputes over jurisdiction, cohabitation disputes, civil partnerships, youngsters matters, injunctions and resolving financial matters arising from the breakdown of a relationship. Ms Jago conjointly carries out advocacy on behalf of clients.
RHW Solcitors are predominantly a commercial law firm based mostly in Guildford, Surrey offering a wide range of services to prime quality business groups such as care homes, dental, medical, horticultural trade and veterinary law.
