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Premarital Agreements

Premarital Agreements

A prenuptial agreement is also known as a pre-marital agreement, it is a written agreement between two people who intend to get married or enter into a civil partnership. Usually the reason for entering into a pre-nuptial agreement is to protect assets, whether these are pre-acquired assets from a previous marriage, inheritance or business assets. Pre-nuptial agreements are not yet legally binding in the UK, however, they are becoming more persuasive. They can be used as a factor which the court will take into consideration if the couple should ever divorce providing the couple entered into the pre-nuptial agreement by following certain conditions:

  • The couple must be properly advised as to the terms of the agreement and seek independent legal advice
  • The couple must provide documentary evidence of their assets
  • There must not be any undue pressure from one party to the other, therefore, the agreement should be entered into at least 6 weeks before the marriage or civil ceremony
  • The agreement must be realistic and fair and not weighted too far in favour of one party
  • The agreement must provide for future changes

If you would like to find out more information about pre-nuptial agreements, please contact Oi-Yuyn Wong on 01329 232314 or by email on info@awdlaw.co.uk

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