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Pre & Post Nuptial Agreements

There have been recent changes in the law, which make these kinds of agreement increasingly important.

Pre-Nuptial Agreements

A Pre-Nuptial Agreement is a contract entered into prior to marriage or a Civil Partnership.  Provided both parties have independent legal advice, the Court agreed in the recent Supreme Court case of Radmacher, that such an agreement can have decisive or compelling weight in deciding how assets are divided after separation or divorce.  It is particularly desirable where one party is bringing into the marriage or partnership substantially more assets than the other and the parties wish to make their intentsions clear in the event of a break-up, particularly early on in the marriage or partnership.

Post-Nuptial Agreements

These are entered into after a marriage or civil partnership ceremony and can also be of significant weight depending on all the circumstances, as per the 2008 case of McLeod.

What Next ...

Early advice is essential in these cases and can lead to more clarity and less acrimony as well as potential financial protection. So please contact either Ian Godfrey, Georgina Hetherington or Tazeen Khaliq for assistance in this area

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