With British courts increasingly influenced by European and US legal systems, more and more people are considering a pre-nuptial or post-nuptial agreement, particularly those with high net worth assets or business interests.
If you are seeking to protect your assets as you enter into marriage or civil partnership, a pre-nuptial agreement will outline how specific items, such as property, vehicles and business and financial assets are to be dealt with should the relationship end in divorce. They can also cover issues such as custody and support for children.
If you have already tied the knot and have decided some form of agreement would be a wise move, perhaps because your financial position has changed since your marriage or problems have arisen and you are concerned a divorce is imminent, then a post-nuptial agreement will work in principally the same way as a pre-nuptial agreement.
The position remains that an agreement which seeks to exclude or limit the jurisdiction of the Court, like a pre-nuptial or post-nuptial agreement, is not strictly enforceable. However, the latest case law suggests that a properly drafted agreement will influence how the Court determines the redistribution of assets and income, particularly in short marriages and when there are no children.
Here at Pickering & Butters our family team have extensive experience in drafting pre-nuptial and post-nuptial agreements. Why not talk to us about your situation to see how we can help protect what matters to you?
For tailored advice on pre & post-nuptial agreements, please get in touch.