Sorting it all out whilst getting on!

When planning to marry or to enter into a civil partnership, you may wish to make a prenuptial agreement to record your intentions regarding money, property, or the arrangements for the children if the relationship were to end.

These agreements are usually used to protect a financially stronger party, whilst providing an element of certainty for the future of the other. Whilst coming to such an arrangement may not be very romantic, when on good terms with your partner it can save a lot of stress, time, and money as an agreement can include anything you want, even who gets the dog or dining table!

A common question we come across is “are prenuptial agreements binding?”.  The answer is “no”, BUT if the court is asked to make a decision regarding a dispute on divorce or dissolution, all or part of a prenuptial agreement may be heavily relied upon by a judge if it is deemed to be fair and circumstances have not changed since it was entered into. To increase the chances of the court relying on the terms, it is important that both parties should disclose full details of their financial circumstances and attach these to the agreement as well as taking independent legal advice.

You can prepare the terms of an agreement together with your partner using one of our mediators or collaborative lawyers.  Alternatively, you can talk to one of our lawyers individually and they can assist you by drafting an agreement which can be sent partner for consideration with their own solicitor.

For more information on the pros and cons of prenuptial agreements please contact our Heathfield office on 01435 817060 or our Crowborough office on 10892 664348 to discuss which approach is right for you.

Robyn Smith