A Prenuptial Agreement is a written agreement entered into between the parties before the marriage. The agreement states how assets should be divided in the event of a divorce. Prenuptial Agreements do not currently have the force of law, nevertheless it may help to determine the division of matrimonial assets if the marriage breaks down.
In court a judge will look at many factors when deciding the weight of the Prenuptial Agreement. A judge will consider the following:
The court may also take into consideration the length of the marriage, the birth of any children, significant changes in the parties' financial circumstances and also health issues.
A Prenuptial Agreement can be made by people who are not intending to marry but are intent on living together.
Else Family Law can arrange a mediation where an agreement can be drawn. It is advisable for both parties to obtain independent legal advice on the terms agreed. Alternatively you can each appoint a solicitor to negotiate the terms of the agreement, in which case we could only act for one party.
If
you need advice on Prenuptial Agreements or any matters involving separation,
please click on the contact button below and complete the contact form or call 0121 222 2602