Pre and Post Nuptial Agreements
To avoid the uncertainty over what will happen to money and property should your relationship break down, our team can help you set up an agreement to protect your assets in the future.
A prenuptial agreement (sometimes called a pre-nup, premarital agreement, or prenuptial contract) is an arrangement entered into by a couple before they get married. This agreement is designed to regulate what should happen if a marriage breaks down and ends in divorce.
A postnuptial agreement (also called a post-nup or a post-marital agreement) is designed to deal with the same situation as a pre-nup – in other words, deciding what should happen to each partner’s assets after divorce.
Courts in England and Wales are now increasingly taking note of these agreements if they are correctly drawn up and executed.
What to Consider
Before obtaining a Post-Nuptial Agreement it is a good idea to discuss the matter, in depth with your spouse or partner. You will need to agree on how you will split your assets and debts and take into consideration any future income. If you can agree on these matters it will make the whole process of obtaining a Post-Nuptial Agreement much easier.
Once the Post-Nuptial Agreement is in place you can still change and update the terms as your circumstances dictate.
What Should a Post-Nuptial Agreement Include?
A typical Post-Nuptial Agreement would include the following details:
- Assets and debts
- Payment of any outstanding debts
- Income and expectations of any gifts and / or inheritances
- Any future income or gains including property
- A list of personally and jointly owned belongings.
- What will be covered in your Will in the event of your death?
- How much maintenance will be paid to your ex-partner?
- How any property will be split, this would include second homes etc.
- Insurance coverage including, life medical and disability
Our team will be only too happy to discuss what type of agreement would be right for you.
Our divorce, family and child law team is here to help.
We can talk on the phone or arrange a meeting where we can discuss your options and give you a clear idea of timeframes and costs.
Alternatively, please contact us online and we’ll call you back when it’s convenient for you.