Considering the benefits of pre and postnuptial agreements.
When considering pre-nuptial agreements, there are several reasons why couples decide to go down this route:
- To protect premarital assets such as property, businesses and investments etc.
- To protect family wealth
- To provide financial protection for children from previous relationships
- To ensure both parties’ finances remain separate in the case of divorceTo reduce potential disputes over money and property in the event of a divorce
- To provide clarity as to what happens with assets held in another jurisdiction, i.e. a different country
We understand at Astraea Linskills that a dispute in court can lead to an uncertain outcome, and the costs, both financial and emotional, can be huge. We want to protect our clients and advise them that by having a pre or postnuptial agreement in place, couples may be able to resolve the issues arising from their separation without involving the courts. Our team of highly trained experts in the field of family law can navigate you towards dealing with the potential breakdown of your relationship quickly and cost-effectively while reducing stress levels at the same time.
It’s important to note that pre and post-nuptial agreements are not yet legally binding but if they are drafted properly and fairly, both parties take separate, independent legal advice and the agreement meets other factors as set out in law, then it can be decisive in the event of a future agreement the Court needs to decide upon. It is therefore extremely important that the agreement is drafted carefully.
Is taking out a pre-nuptial agreement right for me?
Although critics of pre-nuptial agreements would argue they are not a very romantic start to a marriage, anyone with significant wealth should consider getting one to protect their assets. They are no longer the preserve of Hollywood or the rich and famous and are increasingly being used by couples of more modest means.
There are several circumstances where a pre-nuptial agreement might suit you. For example, you or your partner may own a property you wish to protect before marriage. It might be a question of safeguarding inheritance that you or your partner received before marriage or expect to benefit from. Or you may have set up a business or are in the process of setting one up and wish to protect your rights in this area too. A pre-nuptial agreement may also benefit you if you enter a second or later-in-life marriage and have a significant amount of personal wealth you are keen to ring-fence. A legal contract would also safeguard your children’s interests from previous relationships regarding providing for their inheritance.
Come to us for legal advice.
It’s important to remember that pre and post-nuptial agreements should be made with expert advice from a family lawyer. Our friendly team at Astraea Linskills can help navigate you through the process while ensuring it is fair to both parties. We can provide stability and clarity when addressing issues such as the division of assets, financial support and estate planning.
If you’re considering pre or post-nuptial agreements, it’s essential to speak with one of our family lawyers, who can advise you on the best course of action for your situation. With all our expertise in this area, we can help ensure the agreement is fair and enforceable while protecting both parties’ interests.
This article was written to provide general information about pre and post-nuptial agreements from a family lawyer’s perspective. It should not be used as legal advice, and readers are advised to consult with a qualified lawyer if they have any questions or concerns regarding pre or post-nuptial agreements.
