So, if you are planning your wedding, have you considered a Pre-Nuptial agreement? Not very romantic I hear you say. However, it is an important consideration
What is a pre-nuptial agreement?
This is a contract between two people who intend to enter a marriage but wish to agree what might happen to their property, should their marriage later breakdown.
Is the agreement binding?
Not all agreements are binding under UK law but if they were entered into freely and are fair in your circumstances then they tend to be upheld.
Is it necessary?
Not every situation merits an agreement, it very much depends on the circumstances of each couple. Consideration should be given to whether it is a first or second marriage, if you are intending to have children, the value of the assets of each party, are there any inheritances or business assets?
Do you need a lawyer?
Yes- If you are proceeding with such an agreement, it is essential that you both seek separate independent legal advice on the document and obtain full and frank financial disclosure.