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Prenuptial Agreement Solicitors
Agreeing what you would want to happen in the event that your relationship breaks down is not going to be the most romantic part of your wedding preparations, but it doesn’t have to be traumatic. A well-written prenuptial agreement can potentially save you and your partner conflict, cost and confusion in the future.
With the number of couples marrying later in life increasing, it is not unusual for both parties to have significant assets that they will want to protect in the unfortunate event that they go on to separate.
Why Choose our prenuptial agreement solicitors in Leicester and Loughborough?
At Johnson Astills, our expert team of prenuptial agreement solicitors can assist you in drafting a prenup which will ensure your long-term interests are protected, no matter what the future may hold for you and your partner.
We have substantial experience in helping clients reach fair agreements which reflect their personal circumstances, allowing them to approach their marriage with confidence. Our family lawyers can support you with all aspects of prenuptial agreements, including drafting an agreement, reviewing an agreement you have been asked to sign and negotiating the details of an agreement.
Additionally, our Family Law team are accredited by the Law Society in Family Law Advanced and Children Law, reflecting our expertise in the more complex areas of family law, including prenuptial agreements.
What is a prenuptial agreement?
A prenuptial agreement, otherwise known as a prenup, is a formal, written agreement between you and your partner which outlines how assets such as property, pensions and inheritance will be divided in the event of divorce or separation.
Prenups can help couples to avoid potentially lengthy disputes, as well as giving both parties peace of mind that their financial interests are protected. They can also be reviewed if there have been changes in your circumstances, for example, if you have become pregnant, adopt children or retire.
If you are already married or have entered into a civil partnership, you can still draft an agreement. This legal document is referred to as a postnuptial agreement, or postnup, and works in much the same way as a prenup.
Do I need a prenuptial agreement?
While it may seem counterproductive to be planning for the end of your marriage, there are a number of circumstances where it pays to have plans in place if your relationship does come to an end. Of course, the decision to enter into such an agreement will depend on your personal circumstances.
There are a whole host of reasons why having a prenup would be the right option for you, including if:
- You or your partner earn significantly more than the other
- You or your partner have significantly more valuable assets than the other
- You or your partner are sole owners of a business
- You or your partner are in debt
- There are children from another marriage or relationship
Naturally, these are sensitive subjects to discuss with your partner, so it would be in both of your best interests to plan a prenup well in advance of your wedding date so that there is no pressure on either of you to come to an agreement in a short of amount of time.
Is a prenuptial agreement legally binding?
Prenuptial agreements are not automatically legally binding, but they do carry significant weight and can prove to be influential and persuasive if a court case is required to solve any disputes that occur during your separation.
For the Court to consider a prenup or postnup, , there are a number of legal requirements that need to have been met when the original agreement was signed by you and your partner.
Those requirements are:
- Both parties must have received independent legal advice
- The agreement was freely entered into by both parties with full appreciation of its implications
- The agreement should be fair to both parties
- The agreement should not disadvantage any children that are involved in the relationship
- Financial information for both parties will need to have been exchanged
- The agreement, in the case of a prenup needs to have been entered into no less than 21 days before marriage
To ensure that your prenuptial agreement will be upheld in court, our expert family law team will be able to help to draw up an agreement that is legally compliant, as well as being in your best interests.
Get in touch with our prenuptial agreement solicitors in Leicester and Loughborough
For help with drafting, reviewing or negotiating a prenuptial agreement in Leicester, Loughborough and the surrounding area, get in touch with a member of our family law team by contacting your local Johnson Astills office or feel free use our contact form to request a call back.