Pre & Post Nuptial Agreements

Pre and post nuptial or partnership agreements are a way for couples to plan their finances before or during a marriage or civil partnership. They allow you to set out what should happen to your money, property, and other assets if the relationship ends.

The law provides that everything that you, or your spouse or civil partner, acquire (with some exceptions) in the course of the marriage or civil partnership is considered to be “matrimonial or partnership property”.

Matrimonial or partnership property is to be shared fairly, which generally means equally, in the event of divorce or dissolution of civil partnership, but there are various circumstances in which an unequal division might be justified. Furthermore, marriage or civil partnership brings with it certain automatic rights of inheritance in your spouse or civil partner’s estate and also imposes an obligation of ongoing financial support ( aliment) in certain circumstances.

An agreement can be used when a couple agree that the usual legal provisions relating to divorce, dissolution of civil partnership or death are not to apply to their marriage or civil partnership. However, the agreement should be fair and reasonable at the time of signing, and it is important that no undue pressure is exerted upon anyone to enter such a contract.

When are these agreements typically used?

• When it is a second marriage or civil partnership for either or both individuals, and there is a desire to protect wealth for their children or third parties on separation or death;
  
  
• When parties are entering the marriage or civil partnership with unequal amounts of wealth;
  
  
• When you have a business which you intend to restructure during the course of the marriage;
  
  
• When you inherit or are gifted wealth either before or during the course of a marriage or a civil partnership;
  
  
• When you intend to change the form of non-matrimonial property during the marriage or civil partnership;
  
  
• When you and your intended spouse or civil partner have already agreed “who will get what” in the event of divorce/dissolution of civil partnership or death.

It is important to seek advice regarding an agreement as far in advance of your marriage / civil partnership or change in circumstances as possible