NUPTIAL AGREEMENT FOR PEACE OF MIND
FIXED COST FOR YOUR AGREEMENTS
Nuptial AgreementsAgreements drafted by a specialist solicitor
An individual seldom enters into a marriage/civil partnership knowing that it will go horribly wrong. More often than not, couples are opting to enter into ‘agreements’ that regulate their financial and non-financial commitments should their marriage end in divorce. Nuptial Agreements are essentially of 3 types and which one is suitable for your needs depends on timing. A prenuptial agreement is one entered into before marriage/civil partnership, a postnuptial is one entered into after marriage/civil partnership and a separation agreement as the name suggests, post separation.
A nuptial agreement is more common where there is un-equality of financial contribution or if protection is required for a particular asset. It also serves to take the heat out of the breakdown of the marriage by agreeing terms in advance. It provides a means of resolving financial and other problems informally without court intervention. Nuptial agreements however are not ‘legally binding’ or easily enforceable and does not achieve the same degree of finality as a court order. However, it is very strong evidence of what the parties intended to be their arrangements in the event of a separation and departing from that agreement would need strong reasons. In any event, it is always recommended to enter into one than not.
There is also a cohabitation agreement which is used after a relationship commences, similar to that of a post nuptial agreement with the difference that it is entered into outside of a marriage and is legally binding, in the same way as a contract.
There are rules relating to the validity of each agreement and we at Freeman Harris can advise you of your position and draw up the appropriate agreement to suit your family needs.
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Our family law team
Sareyeh has been qualified as a Solicitor for over 10 years. She is the head of our Family Law department. With a good few years of experience in dealing with family law matters, Sareyeh can help you with all your needs.
Marjana is our Trainee Solicitor who deals with Family Law matters. She has a deep understanding of all legal aspects of relationships, children matters and financial disputes.