Family and Divorce Law

Preparing a Pre-Nuptial Agreement and Declaration of Trust

Anyone can seek a Pre-Nuptial Agreement and there are many reasons why you should consider signing one before you get married.

16 Feb 2022

Team name
Sally Ward

Anyone can seek a Pre-Nuptial Agreement and there are many reasons why you should consider signing one before you get married.

Preparing a Pre-Nuptial Agreement for a client where she and her fiancée had been co-habiting for a number of years prior to the marriage and had two young children.  Due to both parties’ work commitments, they shared the care of their children equally.   She had owned the family home in her sole name and it was subject to a Declaration of Trust protecting her interest in the property and the Pre-Nuptial Agreement was drawn up with the aim of continuing this arrangement after the marriage.   As with many marital agreements, although the aim of the agreement appeared to be straightforward, the implications of the agreement should the marriage break down, required detailed and sensitive advice to the client with particular regard to the fact that there were children of the relationship/marriage and a court making them the first consideration in any divorce settlement.

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