Emma Alfieri commented that people embarking on marriage or a civil partnership seem more aware of the risks they face if they have assets to protect and, whilst it may appear to some to be unromantic, it is a sensible step to take if the parties’ financial situations are not similar, or if there is significant wealth involved.
Although pre-nuptial agreements are not currently legally binding, the courts are increasingly giving decisive weight to pre-nuptial agreements, provided that certain conditions are met and also if the agreement is considered fair.
If you are getting married and have assets to protect, we suggest that you take professional legal advice well before the wedding or civil partnership. It is recommended that pre-nuptial agreements are entered into at least six months prior to the wedding or civil partnership; so seek early advice.
As well as providing advice in respect of pre-nuptial agreements, we can also advise in relation to ownership of any property held and the preparation of Wills, which could be relevant if the parties are getting married for the second time and perhaps have children from a previous relationship to also take into consideration.
Please note that when discussing pre-nuptial agreements, we are unable to advise both parties and therefore each party should seek their own independent legal advice.
For further information, please contact us.