Pre-nuptial or pre-marital agreements are becoming increasingly common. Whilst, in the past, the English Courts have been wary of such agreements, they are now being recognised and upheld, providing certain criteria are met:
- Agreements must have been entered into at least 21 days before the marriage
- Both parties have provided full financial disclosure
- Both parties have taken legal advice
If you have substantial assets or complex personal or financial circumstances, you should consider a pre-nuptial agreement as a prudent way of ensuring that conflict and uncertainty is greatly reduced should your relationship come to an end.
We recognise in the early stages of a relationship few people want to consider what will happen to their assets and liabilities should the marriage or partnership fail but the reality is nowadays many couples bring pre-acquired or family money to a relationship and don't realise that this may not be retained should they separate.
At Mogers we use a collaborative approach in the preparation of pre-nuptial agreements essentially shifting the process from being a sceptical legal exercise into a form of marriage preparation.
In the best case scenario the agreement may never be needed and in the worst case scenario it may save you the emotional and financial drain of contested Court proceedings.
If you are interested in a pre-nuptial agreement, our family team has experience of negotiating with couples and can work with you to draw up clear, concise pre-nuptial agreement that accurately reflects both your wishes