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5 Things you need to know about pre-nuptial agreements

Solicitor and Managing Director

It may seem unromantic but when you are considering getting married you may feel that you wish to protect your existing assets and agree on how things would be divided if you separated in the future.  This is particularly the case if you have assets from a previous marriage/relationship or if you have significantly more assets than your spouse-to-be.

Before you go ahead these are the most important things you need to know:-

  1. The agreement must be signed at least 21 days before your wedding (although more than 28 days would be preferable).  As the agreement may take some time to be drafted and finalised, you need to consider this at least a minimum of 3 months before the wedding.
  2. Neither party must enter into the agreement unless they wish to do so and there must not be any suggestion of duress or undue influence.
  3. The agreement must be fair at the time of the agreement.
  4. There must be full disclosure of each party's financial situation.
  5. Both parties must have taken separate independent legal advice and their Solicitors must sign a certificate to confirm such advice.

Pre-nuptial agreements are not currently enacted in Statute in England and Wales but recent case law has leant towards them being upheld. It is vital to take full advice from a Solicitor before proceeding, to give yours the best chance of success.

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