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Post-nuptial agreements

New relationships and engagements are exciting times and no one wants to think them going wrong. However our experienced family law solicitors are finding that pre-nuptial and post-nuptial agreements are now commonplace as many couples look to agree how their wealth should be dealt if there is a divorce in the future. A pre-nuptial agreement is an agreement entered into by a couple before they marry. If the couple are already married then a post-nuptial agreement can instead be drawn up.

Dealing with the principles of asset division at a time when a couple are on good terms can make for a more constructive and transparent dialogue. If the marriage ends in breakdown, a significant amount of the practical stress and expense of separation is in theory avoided by the fact that many of the issues have already been agreed upon.

If you have not yet had a discussion about what such an agreement might contain, we are able to go through the specifics of your situation with you and provide options for you to consider putting to your fiancé or spouse. Alternatively, you might come to us with some specific points or heads of terms that you would like incorporated into your agreement.

We have worked with many couples and have experience in drafting these types of agreements, which are sometimes include:

  • Provision that gifts and inheritance should be ring-fenced on divorce.
  • Self adjusting provisions based on the length of the marriage and other variables.
  • Provision for the transfer back of company shares on divorce.
  • Clauses ensuring pre-marital wealth is preserved for children of previous relationships
  • Bespoke provisions relating to specific assets, pensions, income streams etc.

We also have experience of dealing with mirror agreements in cases with overseas elements.

Our family solicitors are able to either prepare the main agreement for consideration or advise and assist you in relation to a draft agreement that may have been prepared by your fiancé or spouse.  Our family solicitors will assess your situation and offer a number of different pricing options to suit your circumstances.

 

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