Pre and post nuptial agreements
The enforceability of pre and post nuptial agreements is a changing area of law. Whilst the current position is that the final decision about the division of the matrimonial finances on divorce remains with the Judge and an agreement between the parties does not override this, correctly prepared and worded nuptial agreements have found increasing favour in English Courts in recent years.
Not only is there the possibility that a pre or post nuptial agreement might be followed by a Court if the couple are in dispute about how their finances should be divided on divorce, but its existence could prevent there being a dispute in the first place. If there has been full financial disclosure, both parties have received their own legal advice and the agreement was not rushed into under pressure just before the wedding day, both of you are likely to feel more comfortable with the existing agreement and be willing to keep to those agreed terms. Entering into such an agreement could help prevent uncertainty, unnecessary argument and worry about what the outcome might be.
If you would like a Prenuptial Agreement and have agreed the settlement that you and your spouse-to-be would both like in the event of a divorce, we can draft the agreement for you for a fixed fee of £2,000 + vat. This fee includes:
• meeting with you to discuss your needs
• advising you in relation to providing financial information to each other
• advising you on the effect and enforceability of the agreement
• corresponding with your partner or his/her solicitors
• ensuring compliance with the required formalities
If you are not certain about the terms that should be agreed, we can also provide you with advice and assistance in relation this and can deal with any negotiations that may be necessary. Whilst this would not fall within the fixed fee service, we can let you have a fee estimate so that you can choose whether or not to instruct us to carry out this work.
In some cases, where the assets are more complex or where experts’ reports may be required, for example in relation to tax, pensions or other investments, the fixed fee service would not be suitable. In those cases will we advise you of this at the outset and provide you with an estimate of our fees.