A premarital (or prenuptial) agreement is an agreement which is entered into before marriage, which details how assets will be divided between both parties after a divorce. By signing one, a couple can gain peace of mind, knowing exactly where they will stand if the marriage breaks down, as well as avoiding much of the expense, delay and emotional distress of a divorce.
In the cases of separating couples who have not entered into a prenuptial agreement, the court will attempt to divide marital assets equally. This can significantly disadvantage one party who has brought greater wealth than the other into the marriage.
If you would like to arrange the creation of a premarital agreement, get in touch with a member of our family law team by calling 01244 373 373, or complete our online contact form and we will be in touch as soon as possible.
Our Family Law team at PDA Law can guide you through the entire process of creating your premarital agreement, as well as answering any questions or concerns you may have.
A premarital agreement will typically outline the division and awarding of the following.
- Property and investments
- Personal and business assets
- Inherited assets
- Overseas interests
- Protection from previous debts
- Safeguarding assets for any children from previous relationships
While there isn’t any statutory provision to validate prenuptial agreements in England and Wales, there has been growing recognition of these agreements supported by numerous high profile cases. As a result, the courts are likely to follow the terms of an agreement providing certain criteria are met. Because of this fact, it’s important to get expert legal advice from a solicitor at an early stage, to make sure any agreement follows certain principles in order for a court to uphold it.
At PDA Law we can guide you through every aspect of the agreement, ensuring it meets all necessary criteria:
- A full and frank disclosure of all assets by both parties
- Both parties must understand all the implications of the document
- Both parties must freely enter into the agreement
- It does not prejudice the reasonable requirements of any children
- An element of fairness subject to the circumstances
Why PDA Law?
Headed by highly respected solicitor Simon Higgs, our dedicated family law team will provide you with the best possible help and expert advice regarding your agreement.
We have years of experience in drawing up premarital agreements for our clients, so you can be safe in the knowledge that our professionals will handle your case with care and efficiency. Most importantly, we are dedicated to ensuring we get the best possible results for you.
To speak to a member of our family law team, simply call 01244 373 373, or complete our online contact form and we will be in touch.