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Home » Latest News » For better, or for worse?

For better, or for worse?

For better, or for worse?

A Pre-Nuptial or indeed a Post Nuptial Agreement is a sensible document to enter into, to safeguard and save heartache in the future.

It is good advice for anyone entering into a marriage, who may have pre-acquired wealth, or wish to make provision for children outside their marriage (amongst other things) to consider how their wealth could be protected, in the event of a relationship breakdown. As Solicitors the discussion of Pre-Nuptial or Post Nuptial Agreements is one of the more deeply unromantic topics to have to raise with a client.  However, thinking with our practical heads, a Pre-Nuptial or indeed a Post Nuptial Agreement is a sensible document to enter into, to safeguard and save heartache in the future.  It may not seem like this when trying to broach it with your fiancé/fiancée but such awkward conversations now can save considerable difficulty, time and money later, in the unfortunate event of a relationship breakdown.

A Pre-Nuptial Agreement is an Agreement entered into before a wedding, identifying those assets which the parties consider to be “shared”; those assets which they would wish each of them to exclude from division on separation; and make fair and proper plans for any minor children of the family.  They are particularly important if there are inherited assets that have not been brought into the marriage, or if people on their second marriage perhaps want to make provision for their children from their first marriage and ensure that assets acquired during that marriage are preserved for those children.

A Post Nuptial Agreement is an Agreement entered into after a marriage has taken place if similar considerations apply.

In both cases the Agreements need to be freely entered into without any pressure from one party to the other.  Each party needs to receive the benefit of separate legal advice and have a full understanding of the other’s financial position i.e. to understand what exactly they are giving up or gaining by virtue of the Pre or Post Nuptial Agreement.

In the case of a Pre-Nuptial Agreement it is always recommended that such Agreement is entered into a minimum of 21 days prior to the wedding but in reality that means any instructions need to be given to a Solicitor approximately three months before the wedding to ensure that full disclosure can have taken place, that each party is not rushing in to the signing of the documentation and that everybody has the opportunity of reflecting and considering its terms in an unrushed way.

These such Agreements are not suitable for everybody, and indeed they are not necessary for everybody but it would certainly be worth everybody’s mind considering the necessity of a Pre or Post Nuptial Agreement along with making decisions about wedding cake and honeymoon venues.

Please contact the Family Team at Bridge McFarland LLP on 01472 311711 or 01522 518888 to discuss your requirements further and for a no obligation quote.