PRE & POST NUPTIAL AGREEMENTS
We can advise you as to how best to affect pre & post nuptial agreements
In order to show that you have entered into the agreement of your own free will and that you have understood the implications of signing the document, it is important that both parties instruct separate solicitors to advise them and draft the agreement otherwise the court will have good reason not to uphold the agreement. The agreement must also be completed more than 3 weeks before marriage.
The most recent cases on pre nuptial agreements and postnuptial agreements – Radmacher and McCleod – has made it clear that such agreements are now very much encouraged by the Courts, although as long-awaited reform of the statute in this area is yet to happen. With English judges now heavily influenced by European systems on divorce, which generally give much greater certainty of outcome, any person about to enter into a marriage is advised to enter into a prenuptial agreement prior to that marriage if they want the best certainty of outcome on a subsequent divorce. We can advise you as to how best to affect this in a way which is fair, clear and dignified for both parties. In addition, it is now the case that an agreement made after the marriage (a postnuptial agreement), provided it is properly entered into, can significantly influence a subsequent divorce settlement.