As experienced family law solicitors, we understand that the drafting of a pre-nuptial agreement can be an uncomfortable issue. Our solicitors will handle the creation of your pre-nuptial agreement with discretion and sensitivity, helping you and your partner avoid a painful and unpleasant divorce, should the situation arise. Call 0800 652 3371 for legal advice on pre-nuptial agreements, or e-mail us.
What is a Pre-Nuptial Agreement?
A pre-nuptial agreement is a document drafted by an engaged couple prior to their marriage, with the help of a qualified family law solicitor. It sets out guidelines for the division of shared assets, and offers couples the potential to make recommendations for things such as the payment of child support, should the marriage break up.
Whilst pre-nuptial agreements are not yet considered legally binding in the UK, the divorce courts do take them into account when considering the terms of a divorce. Thus, as a guide for the courts a pre-nuptial agreement can be very useful, helping couples avoid lengthy, painful legal battles over potentially contentious issues such as shared financial assets and child custody.
Drafting a Pre-Nuptial Agreement
The actual process of drafting a pre-nuptial agreement can be extremely complex, and therefore it is a good idea to employ an experienced family law solicitor to oversee and guide the process.
In order to be recognised by UK courts, pre-nuptial agreements must adhere to the following guidelines:
• There must be full financial disclosure by both parties prior to the agreement.
• The agreement must be realistic in light of current divorce law precedents, and not weighted too much in one person's favour.
• Both parties must secure independent legal advice prior to entering into the agreement.
• Neither party should have been placed under excessive pressure prior to entering into the agreement.
• Most family law solicitors recommend that a pre-nuptial agreement only last until the birth of the first child, or for a period of five years. An agreement which lasts longer than this is unlikely to be upheld by divorce court.
The experienced family law solicitors at Lanyon Bowdler can help you ensure your pre-nuptial agreement is fully compliant with family law guidelines, thus avoiding the risk of future complications regarding shared assets or maintenance payments.
Contact Lanyon Bowdler
We are able to offer fluent Welsh speaking lawyers at our office in Oswestry. To speak to a pre-nuptial agreement lawyer contact Lanyon Bowdler Solicitors today on 0800 652 3371, or e-mail us and we will get back to you.