Dos and don’ts of pre-nuptial agreements as suggested by our Amersham Family Solicitors

Solicitors Amersham

The drawing up of a pre-nuptial agreement is considered one of the most responsible things a couple intending to wed can do. This is a precautionary measure that ensures each party retains the right to keep what is rightfully theirs – assets obtained before marriage, be it inherited or gifted from parents or a settlement should there happen to be a breakdown in the marriage and a divorce follows.

There are numerous reasons why a person may want to seek the services of an Amersham Family Solicitors in Amersham to finalise a pre-nuptial contract. Some of the more important reasons are:

  • There are children from a previous relationship and a pre-nuptial contract will protect their interests or inheritance rights.
  • To protect against the unfairness of a divorce settlement.
  • To ensure one party remains in control of a business they started and developed.
  • To ensure either party can protect a significant amount they have saved.
  • So that  neither party is responsible for the substantial outstanding debts the other party is liable for.

We are experienced Amersham Family Solicitors in Amersham and often the best option when it comes to invaluable advice on legal family matters, initiating a divorce and working towards gaining custody of children.

What to be aware of when drafting a pre-nuptial agreement

Know beforehand what items should be included and those that do not apply. Pre-nuptial agreements can be personalised by us to factor in a couple’s own set of circumstances. It is a better idea to work with our Amersham Family Solicitors in Amersham to ensure that you are well aware of the role of the pre-nuptial agreement and understand how it works. This is important as it adds weight to the court’s ruling.

When considering a pre-nuptial contract, implementing the following dos and don’ts are a good idea:

Dos

  • UK courts require that in order for a pre-nuptial contract to be upheld, it must be drafted in consultation with a suitably qualified solicitor preferably in family law.
  • To avoid conflict of interest, it is best for both parties to secure the services of their own separate solicitor.
  • Both parties need to be open and transparent of assets owned and will have to confirm they have signed the agreement of their own free will.

Don’ts

  • Don’t ignore the security benefits a pre-nuptial agreement can provide.
  • Don’t ignore any tax obligations or other financial considerations that may apply.
  • Don’t forget to review a contract before signing it and make absolutely certain it contains all relevant information that pertains to your situation.
  • Avoid including child-related arrangements in the contract as it is less likely that a court will take this into consideration.

Family or marriage breakups are not planned or wanted but it is unrealistic not to acknowledge that circumstances can arise that may lead to them. If you are planning on getting married, come and speak to us at Coyle White Devine and we will talk you through what a pre-nuptial agreement involves and how you can go about drafting one.