Pre & Post Nuptial Agreements
With at least a third of marriages in England & and Wales ending in divorce, a prenuptial or postnuptial agreement can be an effective way of helping to protect your premarital assets should your marriage break down. We understand how important it is for the process to be handled in a sensitive manner. If you wish to get married and would like advice regarding a premarital agreement and the possibility of protecting your assets then it is extremely important that you obtain legal advice at least two months before the date of your marriage.
Premarital agreements – sometimes called prenuptial agreements, set out what is intended to happen to premarital assets in the event of marital breakdown. Although these premarital contracts are not legally binding under English Law, there is a trend towards the Courts taking the agreements seriously and attaching weight to them where the terms are seen to be fair and reasonable.
Sometimes couples planning separation or divorce decide to reconcile and draw up a postnuptial agreement first, allowing them to focus on working on their relationship. If the reconciliation is unsuccessful the postnuptial agreement can provide financial security and reassurance. Whilst they are not yet binding under English Law they may be very persuasive to a Court on a subsequent breakdown of marriage if prepared in a fair and reasonable way. Osprey Solicitors can advise you about the best way forward and draft the agreement as there is little point in having one which is likely to be unenforceable.