Nuptial Agreements & Asset Protection
“Christian worked hard to arrange my pre-nuptial agreement on a very tight deadline. He was diligent, professional and explained everything in a clear and reassuring way.”
Silk Family Law client
If you and your partner enter into a pre- or post-nuptial agreement, you can determine in advance how your assets will be shared should you separate or subsequently divorce.
Making those decisions before you marry, or enter into a civil partnership, will reduce the financial and emotional trauma of divorce - should it ever happen.
This should enable you both to move on more quickly and, importantly, ensure any children are provided for.
Pre-nuptial agreements are particularly pertinent for landowners, farming families, business owners and anyone bringing pre-acquired assets to a marriage. Couples who are marrying for a second or subsequent time find them useful to help ensure that any children from a previous marriage may be protected.
Post-nuptial agreements are similar arrangements drawn up after a couple has married.
Although pre-nuptial agreements do not remove the jurisdiction of the court, a Supreme Court decision in 2010 has given pre-nuptial agreements far more weight in law. In February 2014 the Law Commission recommended that pre-nuptial agreements should be legally binding in divorce settlements once the needs of the separating couple and any children have been taken into account.