Pre and Post Nuptial Agreements
A pre nuptial agreement is an agreement signed by both parties before a marriage or civil partnership. The agreement details what each party owns, when they marry and how those assets are to be divided upon divorce or the dissolution of the civil partnership. A post nuptial agreement is the same as a pre nuptial agreement, but entered into following the marriage or civil partnership.
The Court will look at several factors when considering whether or not to uphold a pre or post nuptial agreement and hold the parties to its terms, but in particular it will consider whether or not each party has provided the other with full and frank disclosure of their assets and income, whether each party has willingly entered into the agreement and obtained independent legal advice, whether or not the agreement is reasonable and fair rather than be weighted too heavily in favour of one of the parties and whether it has provided for any future changes.
If you are considering entering into a pre nuptial or post nuptial agreement or you have already entered into one and would like advice on it, call Lund Bennett Law now on 0161 927 3118 to arrange an appointment with one of our specialist family law solicitors. We will be pleased to assist.