Agreements Before Marriage (Pre-Nups) and Post-Nups
These written agreements, known as "Pre-Nups", are entered into by a couple before marriage with a view to determining what should happen to their income and assets in the event that they divorce or their civil partnership is dissolved. Such agreements are increasingly used by couples who want to clarify what would happen if they divorced. Often they wish to agree to exclude assets which are inherited. They feel that a prenuptial agreement is likely to minimise disagreement if they separate.
However, under English Law, prenuptial agreements are still not enforceable by the Courts but there has been a recent change in judicial thinking with more Judges now prepared to consider that a fair and reasonable prenuptial agreement signed in the right circumstances, should potentially be upheld. This means that although they are not enforceable in UK law, the Court will now take any such prenuptial agreement into account when making its final decision as to how matrimonial assets should be divided.
Whilst there is no specific time frame for signing the pre-nuptial agreement, ideally it should be entered into at least 2-3 months before any wedding in order to give time for both parties to reflect on the agreement, seek independent legal advice and to negotiate and agree the terms. This way the Courts can be satisfied that neither party had been forced into signing the agreement without having proper consideration of the contents and also having taken the appropriate legal advice before signing the same.
Couples can also enter into a Post-Nuptial Agreement – these are similar to a Pre-Nup but drawn up after the marriage.
If you are considering a prenuptial agreement, our Family lawyers can draft a bespoke agreement to suit your specific circumstances. We understand that prenups are a sensitive issue for the parties involved. Our approach is to deal with the delicate issues in a sensitive and constructive way.
If you are considering a prenuptial agreement, our Family lawyers can draft a bespoke agreement to suit your specific circumstances.
More from the Downs Blog
Q: I am divorced but when my former spouse and I separated things were amicable and we kept financial agreements friendly as opposed to legally binding.
There’s no doubt that the continuing “stay at home” orders have put a strain on relationships, but for those who are heading for divorce, the pandemic has been particularly difficult.
Last Monday was National Divorce Day - so called because it is the first Monday “back to normal” after Christmas, the bills start landing on the doormat and frayed couples have spent too long in close proximity. However, as the numbers of separations are largely on the decline, it seems there is a rise in the “silver splitter” - and if you’re one of them, you might find you’re in for a financial windfall.
During these uncertain times, it is good to know you can count on us.
Even after the recent Government announcement of another national lockdown we remain open for business and are here to help you.
Monday 6 January was dubbed “Divorce Day” by those in the legal profession, as it is the day forecast to be the most likely that couples will start proceedings to separate. However, this year, Divorce Day saw something of a reunification, as the Government re-convened over introducing a “no-fault” divorce.
With Christmas behind us for another year, the prospect of long dark days of January can take their toll on the best of us. Plus, as the Christmas credit card bills start landing on the doormat, it’s hardly surprising to see why this time of year is also known as Divorce Season.
Christmas and the lead up to it should be an exciting and memorable time for children and rewarding for their parents. Christmas is a busy and sometimes stressful period, getting everything prepared for the big day. For parents who have separated, this stress is magnified significantly as they try to organise themselves, their own families and agreeing what’s best for the children.
Regular followers of Downs’ news will know that we have closely been following the law surrounding no-fault divorce. In an update published today the legislation will start to be introduced.
In my line of work, I tend to see the statistic of one in three marriages ending in divorce in real life. Whilst many will say signing a pre-nup is one of many things they wish they knew before they get married quite often, separated parties will ask me things they need to know before they get divorced.
According to recent figures, men are more likely to get married after hitting the age of 80 than they were under the age of 20. As more of us consider marrying later in life, you might just want to make sure you check a few things before you do, including the security of children and inheritance rights.
Prenuptial agreements, or pre-nups, have been increasing in popularity over recent years. Older people are marrying later in life and living together longer are just a couple of reasons why pre-nups have been thrown into the spotlight. So, when it comes to gathering a lifetime’s worth of assets, it is hardly surprising that people are increasingly looking to protect them.
This is a question we regularly get asked, particularly where a marriage has broken down and the children are not biological descendants of one of the parents. It can also be a worry if the biological parent has died and leaves the step parent in the child-caring role, as many can be concerned with legal stances surrounding the rights they have to that child.
You’d think the answer to this question would be easy and that anyone would choose family over any situation. However, it seems at times we forget how our assets, such as property and finances, can tear families apart.
If you were keeping an eye on our legal updates during Christmas, you may have noticed we stuck to a slightly less festive topic. Divorce season is well and truly upon us and with a forecast spike in the number of separations, have we simply made divorcing a spouse far too easy?
Whilst the fun and festivities are over for another year, a number of people can find the effects of debt and stress finally take their toll. It is one of many reasons why this time of year is known as Divorce Season. However, there could be a solution to marriage breakdown and over the years I have certainly seen some of the simplest remedies become the most effective.
In 2017 there were 3.3 million cohabiting couples who were neither married or in civil partnerships. This for the last 20 years has been the fastest growing group of couples. A significant proportion of this group are in single ownership or tenanted properties. This is a concern when considering the limited rights that cohabiting couples have versus married couples.
Tis the season to be jolly, but, we address a slightly more morose topic for a reason. Divorce Day will soon be upon us once again. It is the first working Monday of every year and gets its name due to a surge in divorce applications.
We’ve all probably heard of a pre-nuptial agreement, but what about the lesser-known post-nup? What exactly is it and why are more people looking to write them?
It may seem a strange sentiment, but this time of year actually sees the highest number of divorces than any other time of the year. Dubbed “divorce day” by many of us in the legal profession, January 7 2019 is the first working Monday after Christmas. It is also predicted to be the day we see a predicted spike in the number of divorces – but maybe there is something we can do about that.
We are probably all guilty of it, but, seeing as it is divorce season, perhaps now is the best time to be thinking about some of the things we do that cause unnecessary bitterness.
The most popular day to start divorce proceedings is in early January. Whether it is the pressure of the cost of Christmas, or working longer hours in the lead up to the festivities, the first working Monday of the new year is commonly referred to by many lawyers as “Divorce Day.”
Whilst the fun and festivities come around, a number of people can find the effects of debt and stress finally take their toll. It is one of many reasons why this time of year, we often term as Divorce Season. However, there could be a solution to marriage breakdown and over the years I have certainly seen some of the simplest remedies become the most effective.
Following on from our recent blog calling for a review of divorce law, more plans have now been revealed to address some of the outdated areas of the law.