Oct 2024
Pre-Marital Agreements: Ensuring Clarity and Security for Your Future
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Venue ✅
Dress ✅
Photographer ✅
Pre marital agreement❓

When it comes to wedding planning, discussions about venues, dresses, and photographers often take centre stage.

However, one crucial item that deserves consideration alongside the more glamorous details is a Pre-Marital Agreement, also known as a Pre-Nup.

While it may not be the most romantic topic, a Pre-Marital Agreement offers couples the opportunity to establish clarity and certainty regarding the division of assets in the unfortunate event of a marriage breakdown.

By proactively agreeing on terms and drafting an effective agreement, couples can avoid the stress, uncertainty, and expense of financial order proceedings in the case of divorce. Although Pre-Marital Agreements are not yet legislatively binding in England and Wales, a well-crafted agreement should be given serious consideration by the court,  subject to the following criteria being met

1. Fairness:

The agreement must demonstrate fairness by providing appropriate provisions for both parties involved.

2. Disclosure:

Full disclosure of each party’s financial circumstances is essential before entering into an agreement.

3. Free Will:

Both individuals should sign the agreement without any pressure or duress, fully understanding its implications and ideally seeking independent legal advice.

In addition , couples are encouraged to allocate ample time for discussions and negotiations on settlement terms. It is advisable for agreements to be finalised no later than 28 days before the wedding day. Engaging solicitors early in the process ensures that all legal aspects are thoroughly addressed.

Whilst this article provides valuable insight, it does not constitute legal advice. For tailored legal guidance specific to your situation, feel free to seek assistance from Tom Allen or our wider team here at Carbon by clicking here:

Family Law

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