Increasingly, couples who are about to embark on marriage recognise the need to establish and define what will happen if the relationship breaks down. We understand that this is an emotive subject, as Pre-Nuptial Agreements are of course predicated on the relationshipbreaking down at some stage.
Whilst making arrangements for a potential separation before even getting married is not particularly romantic, it can help reassure a couple of any financial uncertainty involved in the event of breakdown of the relationship. Indeed, many individuals, or those embarking on second or subsequent marriage, may bring into the marriage assets which they would be keen to protect.
A properly drafted Pre-Nuptial Agreement can help to protect your assets in the event of the marriage breaking down. However, it is crucial that detailed legal advice is obtained, that the agreement is drawn up carefully and that it addresses the various legal requirements.
For those that have already married without a Pre-Nuptial Agreement, a Post-Nuptial Agreement remains an option and is a way to help protect your financial position.
At present, both forms of Nuptial Agreement are still not legally binding in English law, but significant weight can be attached to their contents if they are prepared in accordance with the legal requirements set out in recent legal cases. It is therefore crucial that detailed legal advice is sought at the earliest stage if you have concerns about protecting your assets.