Nuptial agreements are the natural choice for those who want to agree a framework for safeguarding assets and dealing with liabilities prior to marriage or civil partnership, which will then be upheld in the event of future relationship breakdown, and ensure the safeguarding of your assets.
These type of agreements are often requested by clients who have previously been divorced, or who have inherited or dynastic funds that they are anxious to protect for future generations.
Increasingly popular since the 2011 landmark ruling in Radmacher v Granatino, nuptial agreements are better understood by members of the public, but some myths still surround them. Contrary to popular belief they are not automatically binding in England and Wales, unlike many other jurisdictions. At present these agreements can be overturned if, at the time of divorce or dissolution, they are manifestly unfair. Expert advice is therefore essential.
The Law Commission Report, “Matrimonial Property Needs and Agreements” 2014 recommended the introduction of qualifying nuptial agreements – enforceable contracts which would enable parties to make binding arrangements for the financial consequence of divorce and dissolution of civil partnerships.
For these agreements to be upheld financial disclosure between the parties is key. Agreements should be reviewed at clearly stated junctures, for example upon the birth of a child.
Our specialists can help you with Prenuptial and Postnuptial Agreements. We provide clear and sensitive advice to assist you in achieving your goals. We negotiate agreements that are fair and therefore likely to be upheld in both England and Wales, and other jurisdictions where you may have assets.
We have extensive experience in drafting these agreements, including those made by international couples, where obtaining local expert advice on the likely enforceability of the agreement in the relevant jurisdiction is a must. Our extensive network of international family law specialists allows us to source the right local advice for you outside the jurisdiction of England and Wales.
If you require further information on Pre-Nuptial and Post-Nuptial Agreements and how to safeguard your assets, contact our team of specialists on 01245 895105 or send your enquiry to enquiries@manderslaw.com.
Read our blog on Prenuptial and Postnuptial Agreements here: https://www.manderslaw.com/the-six-golden-rules-to-follow-to-have-confidence-in-your-prenup/
