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You are here: Home / Family Law / Pre Nuptial Agreements

Pre Nuptial Agreements

A prenuptial agreement is an agreement two people enter into prior to marriage to set out what they wish to happen to their assets should they divorce. Some people feel prenuptial agreements are pessimistic but a properly drafted agreement can save both parties time, money and acrimony.

Prenuptial agreements are not legally binding in the UK but can prove to be very persuasive in the courts provided they have been entered into correctly and they have been drawn up in an acceptable form. Courts are now increasingly recognising the legitimacy of such agreements provided:

  • They are entered into in a timely fashion prior to the marriage (no less than 21 days before the ceremony)
  • Each party had the benefit of independent legal advice
  • The terms of agreement were fully understood by both parties
  • Neither party was coerced into entering the contract
  • There has been full and frank financial disclosure of each party’s assets, liabilities and income
  • The court agrees no injustice would be served by entering into the proposed terms

Our team of family solicitors have considerable experience drafting prenuptial agreements. If you are considering a prenuptial agreement or have signed a prenuptial agreement and would like advice our lawyers can help you.

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Wells Burcombe LLP registered office: 5 Holywell Hill, St. Albans, Hertfordshire, AL1 1EU. Registered No. OC336186. Wells Burcombe LLP is authorised and regulated by the Solicitors Regulation Authority (SRA Number 488294). Wells Burcombe Solicitors and Wells Burcombe are trading names of Wells Burcombe LLP. Wells Burcombe LLP is registered in England & Wales. The term Partners refers to members of Wells Burcombe LLP.

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Copyright © 2021 — Wells Burcombe LLP • All rights reserved.

Wells Burcombe LLP registered office: 5 Holywell Hill, St. Albans, Hertfordshire, AL1 1EU. Registered No. OC336186. Wells Burcombe Solicitors and Wells Burcombe are trading names of Wells Burcombe LLP. Wells Burcombe LLP is registered in England & Wales. The term Partners refers to members of Wells Burcombe LLP.

Another PENNInk Production

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