If you are planning on getting married you may wish to consider having a pre-nuptial agreement in place. Pre-nuptial agreements, or 'pre-nups', seek to regulate the terms of the financial settlement that you and your partner would like to secure if the marriage were to breakdown in the future.
This agreement is usually prepared prior to the marriage, in which case it is known as a pre-nuptial agreement, however it is possible to prepare an agreement during the marriage, which is known as a post-nuptial agreement.
It is not possible to state that the terms of the pre or post-nuptial agreement will be decisive upon a future marital breakdown. However in a landmark case in 2010, it was held that “decisive weight” should be given to pre and post-nuptial agreements, provided that the agreement was entered into by the parties of their own free will, without any undue pressure, and that the parties to the agreement had received legal advice about the implications. If these criteria are met then the terms of the pre/post-nuptial agreement will be given weight by the Court upon a marital breakdown.
Please contact us at firstname.lastname@example.org or on 01793 683554 in order to book your free 30 minute initial consultation at our Swindon office so that we can discuss your individual case.