Valentine’s Day is traditionally one of the most popular times of the year to pop the question. Along with venue choices and dress fittings, many couples decide to include pre-nuptial agreements (commonly known as “pre-nups”) along with their wedding plans.
Pre-nups are considered by many to be the smart option. In today's society it could be either party in the relationship whose finances are impacted should the marriage break down. Inheriting money, owning a business, having greater assets or a larger income than your future spouse means each person enters the marriage from different financial positions. When people marry for a second or even third time and have children from a previous marriage or relationship, a pre-nup is a way of offering financial protection. These considerations of course apply equally to both men and women plus for same-sex couples too.
It is wise to view a pre-nup in the same regard as an insurance policy, and can be used to great effect to protect your assets.
Although pre-nups are not legally binding in England and Wales, over the last five years the higher courts (in England and Wales) have increasingly taken them into consideration . A carefully prepared pre-nuptial agreement, drawn up by an experienced family solicitor, is quite likely to be upheld by a Court, provided that certain safeguards are followed, as set out in recent judgments of the Courts. One of the safeguards required is that the pre-nuptial agreement is executed well in advance of the marriage. Therefore, to ensure it carries the maximum authority in court, it is ideal to propose and include the matter of a pre-nuptial at an early stage of your wedding preparations.
To arrange your pre-nup please call our specialist Family and Divorce Law Solicitors based in Leeds on 0113 320 5000 or email family@winstonsolicitors.co.uk
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