Whilst agreements often referred to as ‘Pre-nups’ have been common in the US and much of Europe for many years, they have been less so in England and Wales.
Most people are aware that agreements made prior to marriage setting out what happens to monies, and sometimes children, in the event of a separation are not legally binding. However, if carried out properly they can be heavily persuasive to a court
Agreements should be made with both parties being legally represented and should not be made more than three months or less than three weeks prior to a marriage ceremony. If you have been married before, it is possible to have a post-nuptial agreement drafted and these are on the increase.
Whilst the thought of setting out the terms of your separation before you have even married may seem unromantic, or you may be worried about upsetting your partner, it doesn’t have to be a difficult situation. Such agreements can be drafted using the collaborative process and can be done in a positive, friendly atmosphere, giving both parties peace of mind.
’Over the past ten years, I have seen Pre and Post Nuptial Agreements carry increasing influence and power in discussions between separating couples,’ says Debbie Bulmer, of Family Solutions now. ‘I have been involved in more and more second marriage cases and personally, I think that if you have assets or loved ones to protect, and want peace of mind, they are worth doing.’
‘It is also possible to enter into similar agreements after a marriage has taken place, and this is also becoming more popular. As long as you have both got your eyes open and know what the implications are, there is nothing wrong with safeguarding what you hold dear.’
Family Solutions Now offers a free 30 minute consultation and are happy to talk over any queries you may have about a potential pre or post nuptial agreement.
Contact us for further details: Family Solutions Now, 23 East Street, Havant, PO9 1AA – telephone 02392 476049 or email . Further details can also be found on our website www.familysolutionsnow.co.uk or at www.resolution.org.uk.