A pre-nuptial agreement, pre-marital agreement or pre-civil partnership agreement is a formal agreement drawn up between a couple before they get married or enter into a civil partnership.
The agreement allows them to make provision for how they want assets to be dealt with in the event that their marriage or partnership breaks down. It is important to take detailed advice at an early stage so that the agreement can be properly prepared.
The agreement will involve:
Both parties need to provide full financial disclosure if either is giving up any rights they need to know precisely what they are giving up.
Separate legal advice
It is important that each party receives separate legal advice and that the agreement is drawn up well in advance of the marriage or civil partnership
Ideally, it is best for the agreement to be signed at least a month before the marriage or civil partnership. Consulting us several weeks before that will ensure that all relevant issues can be discussed and provided for, as well as full disclosure taking place as that we can ensure that the agreement is as strong as possible
Whilst these agreements are not automatically enforceable as such, the courts are giving increasing weight to them, provided they meet a number of requirements including full financial disclosure, separate advice and that they are drawn up and signed well in advance of the marriage or civil partnership.
Many people find it useful to discuss arrangements for children in mediation where parties meet jointly with an impartial mediator to discuss the issues and hopefully to find solutions that are acceptable to them both. If you would like to consider mediation please contact us for more information.
How we can help
If you would like more information about drawing up agreements to do with a relationship, or just want a confidential chat about your options please contact our friendly, supportive team