Prenup Agreements

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Prenuptial Agreement Solicitors in London

A prenuptial agreement may be enforceable if carefully considered and drafted – talk to us about your legal needs.

 Why have a prenuptial agreement? 

Whilst to some the thought of making such an agreement would indicate a lack of commitment to each other, for others there are legitimate reasons for wanting to put in writing their wishes of what should happen to their assets in the event of a divorce.

Such reasons include:

  • Under the current Court system, particularly in cases of wealthy parties, the Judge in a Financial Settlement case will start off with an assumption of a 50:50 split of all property and assets. This can be a very unfair result, particularly when one party to the marriage is considerably wealthier than the other and the marriage was of a reasonable short duration. By having a properly executed prenuptial agreement, the parties can go a long way to try and redress any such potential unfairness in any Court imposed financial settlement.
  • Certain people can have inherited family wealth which has remained in the family for generations and they wish for this to be perpetuated. No member of the family wants to see such inheritance sold and divided simply to satisfy a Court imposed financial order. It can be either inheritance which they have already received, or inheritance which they have reasonable anticipation of receiving. By having a prenuptial agreement it can be possible to ring fence those assets to a degree with an expectation that such assets will be kept out of any eventual settlement on divorce.
  • The parties may have assets or property in other Countries which they wish not to be taken into account in any financial settlement. The Court will look at any assets wherever they are situated. The only way to redress this is by entering into a prenuptial agreement stating your wishes and expectations to exclude such assets from any settlement.
  • Each party may have dependent relatives or children from previous marriages of whom they want to protect their interests in the relevant party’s assets. Having such intentions set out in a prenuptial agreement will provide some ability to protect those children or dependents in any divorce settlement.

As everyone’s circumstances are different, any prenuptial agreement would need to be customised and drafted to the parties’ particular needs.

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