Pre- and Post-nuptial Agreements
Increasingly, many couples feel that their marriage, and this is often more so in second or third marriages, get off to a better more secure start if they can set out, at the beginning, how they wish their assets to be dealt with in the event the marriage comes to an end.
A Pre-Nuptial Agreement, often called a Pre-Nup, is an agreement entered into before marriage, which clearly sets out how assets will be split if the marriage breaks down.
A Post Nuptial Agreement, often called a Post-Nup, is an agreement entered into after marriage where, perhaps, a couple are planning financially in case their marriage does break down.
There have been many highly publicised cases involving Pre-Nuptial Agreements and their enforceability in the last few years. As the Law currently stands a Pre-Nuptial Agreement is likely to be upheld as long as certain legal requirements have been complied with. The Court has been particularly careful to ensure that a more “powerful” party cannot take advantage of that power.
Post Nuptial Agreements are treated in the same way by the Courts as Pre-Nuptial Agreements and so it is very important to obtain legal advice if you are contemplating entering into such an agreement.
It is very important that you receive the right advice to ensure that any agreement will be upheld and our experienced Lawyers can give you that advice.