Family Law

PROTECTING YOUR ASSETS

The fact is that not all marriages last and unfortunately marriages do break down. The purpose of having a prenup is to try to avoid the animosity and cost of having to deal with a financial dispute if the marriage breaks down. If you’re getting married and want to protect your assets, we can help.

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Just as you would not buy a house without insuring it, you should not get married without protecting what is yours. It may not be very romantic, but it does makes sense to protect your assets.

What is a prenuptial agreement?

A prenuptial agreement (or ‘pre-nup’) is a contract that offers legal protection for assets you currently have, as well as any future assets such as inheritances, businesses or property.

A pre-nup will list your important assets at the time of your marriage and specify which ones you want to be protected should your marriage end in divorce. It can also list any future asset you may have during the marriage, which you wish to protect.

The purpose of entering into a pre-nup is effectively to protect one parties pre-acquired assets or inheritance. For an agreement to be upheld by the Court you will need to follow the recommended guidelines as to best practice to ensure that the agreement is fair.   

These agreements at present are not strictly legally enforceable. However, the purpose of entering into one is to remove any discretion that the Courts may exercise when dividing your assets.

It is recommended that you sign a pre-nup no less than 28 days before the date of your wedding.

Sometimes, pre-nups can also cover child arrangements, but in most cases the agreement is likely to be null and void, or at least reviewed, if you have children in future.

How we can help

We can help you draw up a prenuptial agreement to protect your assets – or, if you’re being asked to sign one, explain exactly what claims you’re giving up.

We can also advise you on whether a court is likely to uphold the agreement.

Post-nuptial agreements

A post-nuptial agreement is basically the same as a pre-nup but is signed after you get married rather than before.

Post-nups are sometimes used by married couples who are reconciling after a separation, or people who wish to protect an inheritance they are due to receive during their marriage.

However, since agreeing to a post-nup means giving up rights you’ve gained through marriage, you should think very carefully and seek independent legal advice before you sign one.

Fixed-fee packages

We offer fixed-fee packages for straightforward prenuptial and post-nuptial agreements, so you know our costs before you start.

There are also other marital agreements such as:

  •  a pre-civil partnership agreement which works in the same way that a pre-nup does.
  • A separation agreement which is entered into by a husband and wife following their separation.

These legal agreements allow couples to set out their intended wishes on their assets if the relationship breaks down. They offer couples a chance to highlight which assets they wish to protect as well as any financial support they may give if the relationship ends.

To learn more about marital agreements and to talk about your specific needs, please get in touch.



Taylor Rose Solicitor Services in Commercial, Employment, Property and Family Law.

FIXED-FEE PACKAGES FOR STRAIGHTFORWARD PRENUPTIAL AND POST-NUPTIAL AGREEMENTS, SO YOU KNOW OUR COSTS BEFORE YOU START


CONTACT US
DO YOU NEED ADVICE?
If you require trusted advice from one of our experts please get in touch, a member of our team will be happy to talk.
YOUR PRENUPTIAL AGREEMENTS | FAMILY LAW | TAYLOR ROSE TTKW EXPERTS

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