Do I need a pre-nuptial agreement?
Pre-nuptial agreements are made prior to marriage when both parties set out their intentions as to how their assets and income are to be dealt with in the event of separation and divorce. They are not binding upon the court in divorce proceedings, but as they are becoming more common, courts are now much more inclined to uphold them.
When deciding whether to uphold a pre-nuptial agreement, the court will consider whether:
- Both parties understood the nature of the agreement at the time of signing
- They had the benefit of legal advice
- There was any duress
- There had been full financial disclosure
- It would be fair to uphold the terms of the agreement
Please ask about our fixed fee service for the preparation of pre-nuptial agreements.
Contact us today to speak to a member of our family team in confidence about divorce or to arrange a no obligation initial consultation.