Prenuptial Agreements Solicitors York, Wetherby & Malton
A prenuptial agreement is a contract made between you and your partner before you marry or enter a civil union. It outlines what should happen in the event of a divorce or separation, and who will have ownership of which assets. Prenuptial agreements can be a difficult subject as nobody wants to think about the end of their relationship, however, the document can protect you from a complicated divorce.
If you would like to set up a prenuptial agreement, do not delay and speak with one of our family lawyers today by completing the online enquiry form.
Why have a prenuptial agreement?
Dealing with division of assets and property while separating can often make the process unnecessarily complex and even hostile. If you and your partner have resolved things in advance, you will be better placed to work collaboratively towards a final settlement.
Prenuptial agreements can be beneficial if one partner is bringing significantly more assets to the marriage. Not only will it protect current assets, but the document can also safeguard expected wealth, including future earnings, or safeguard funds that someone wants to leave to somebody other than their spouse.
Even if large amounts of money are not involved, prenuptial agreements help to protect both partners, and any children they have, against an acrimonious divorce.
Is a prenuptial agreement legally binding?
Strictly speaking, prenuptial agreements are not enforceable in a UK court. Nevertheless, judges generally look to uphold them, so long as they are considered valid. What the judge will be most concerned by is whether the agreement is fair and reasonable. Both parties must have made full disclosure of all their assets, including their income and liabilities. Furthermore, they must have received independent legal advice from their own solicitor; one solicitor cannot advise both parties. The agreement must be signed voluntarily, without pressure or duress.
If you are considering a prenuptial agreement, it is crucial that you understand its implications and how the outcome of divorce proceedings might differ with or without it. Since you risk being bound by its terms, it is far better to discuss and renegotiate before the agreement is signed, rather than try to argue against it later in court.
Contact our Prenuptial Agreement Solicitors in Yorkshire
There are considerable advantages to having a prenuptial agreement, especially in reducing conflict and keeping dealings amicable if the relationship breaks down. However, before you finalise any agreement, you must ensure that you fully understand its implications.
To find out more about prenuptial agreements and how we can help you, call us today on 01904 716000 (York) or 01937 583210 (Wetherby) or 01653 692247 (Malton), or complete our online enquiry form and we will get back to you right away.