Specialist legal advice on marital agreements
Pre and post nuptial agreements are becoming increasingly common in the UK for couples hoping to avoid the financial complications that often arise when a marriage breaks down.
They can be perceived as unromantic and pessimistic, although in reality they can reduce the time, expense and acrimony commonly experienced with divorce settlements.
Across most of Europe and the world, pre and post-nuptial agreements are binding. This is not the case in the UK, where the courts have the power to make alternative decisions if an agreement is unfair or does not meet someone’s needs.
However the courts are increasingly aware of the importance of upholding marital agreements, and the courts will follow an agreement unless there is a good reason to deviate from it.
It is important to regularly review marital agreements and therefore even after you have married, you may want to consider a post-nuptial agreement, particularly if children are born or assets change in a way that had not been anticipated.
How Nelsons can help with pre and post nuptial agreements
Marital agreements need to be carefully thought through and drafted. They must be fair to both parties, who will each have to provide full and frank financial disclosure. They often involve negotiations and it is therefore a pre-requisite for each party to obtain independent legal advice.