Marital Agreements: Prenuptial and Postnuptial
In recent years Prenuptial Agreements have become more commonly placed prior to marriage or civil partnership, these can be prepared with the help of a qualified Family Law Solicitor.
The Agreement can set out the way in which the couple’s assets are to be legally held during marriage and also how they would be divided in the event that there should be a divorce or separation.
A Prenuptial Agreement can often assist with certainty in situations where one or both parties to a marriage own properties or businesses and are concerned about viability of the businesses should there be a divorce or what would happen to family assets should there be a divorce or separation.
Whilst a Prenuptial Agreement can be drafted between the parties, it is essential that the documents comply with meet the criteria in order to make the document binding in the event of divorce or dissolution of a marriage.
It is therefore important that legal advice is taken to ensure that both parties fully understand the legal implications of the Agreement.
Here at FMB Solicitors we can assist you with the negotiation, preparation and drafting of a Prenuptial Agreement to ensure certainty for the future of you and your family.
Similar to a Prenuptial Agreement, a Postnuptial Agreement can be drafted to make provision for what will happen to children, maintenance and division of matrimonial property in the event of the breakdown of a marriage.
Postnuptial Agreements are increasingly becoming popular and can be particularly useful when there is a change in circumstances within the family.
Sometimes in the time before a marriage it is not practical nor appropriate to draw up a Prenuptial Agreement and a Postnuptial Agreement can deal with all of the same issues.
In order for a Postnuptial Agreement to hold weight before a Court, you and your spouse will be required to have sought and obtained legal advice from a Solicitor so you are fully aware of the consequences of such an agreement.
Our Family Law Solicitors can assist you in preparing, drafting, negotiating and finalising a Postnuptial Agreement in line with your needs and wishes, and those of your spouse.
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