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Divorce and family law

What Would I Put in a Prenuptial Agreement?

The prenuptial agreement would be tailored to your own individual needs and circumstances. That is the benefit of obtaining bespoke professional advice rather than a cheap online form.  Many of our clients ask us to encompass the following matters in their agreements:

  • Ownership of assets/property acquired pre/post marriage in one person’s sole name
  • Ownership of assets/property in joint names
  • Ring fencing any pre-marital contributions/trust related assets/business interests
  • How inheritances/gifts are to be treated
  • Whether any maintenance will be paid by one party upon marital breakdown and, if so, for what duration and how will that be negotiated?
  • How will the interests of minor dependent children be met?
  • Will pensions be shared/nomination of death in service benefits?
  • Entitlement to cash savings/policies/other assets
  • Cars/valuable items/contents
  • How will debts be treated?
  • What will happen on the death of either party?
  • When will the terms of the agreement be reviewed?

Why Do I Need a Prenuptial Agreement?

Postnuptial and prenuptial agreements are increasingly worthwhile if you have assets that you want to ring-fence/protect against any future financial claims made by your spouse/civil partner. They are like an insurance policy and can also be used to protect assets likely to be received by way of future inheritance. They can also protect your interests if you are marrying or have married/entered into a civil partnership for a second or subsequent time.

Can I get a prenup after marriage?

Yes. It’s called a postnuptial agreement. It works in a similar way and can give you clarity at any stage in your marriage or civil partnership.

Is ancillary relief only for divorcing couples?

It applies only to divorce or civil partnership dissolutions. But if you are separating after a long relationship and have children or shared assets or have made contributions during the relationship then other options may be available.

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