They are particularly important when people have different amounts of money and/or property or are expecting to receive an inheritance. For example, someone who has divorced before may have received a family home as part of a settlement and would want to keep this separate if they decided to remarry.
Prenuptial agreements are sometimes called pre-nups, ante-nuptial agreements or pre-registration agreements for civil partners.
Although not binding under the law, recent cases have provided that a court may take a pre-nuptial agreement into account when deciding how assets between a husband and wife or civil partners should be divided up. This is the case where an agreement has been freely entered into by people who understand the full implications of what they are doing. There are exceptions though, for example where one party is under excessive pressure or can be dependent on issues such as the age or maturity of those involved.
We can advise you of your rights and what to expect when entering into a pre-nuptial agreements – making sure it is fair and right for you. Once an agreement has been reached we will prepare the pre-nuptial document containing all the details you have agreed.
Each pre-nuptial agreement is designed to fit your personal circumstance and may include:
- How each of you contributes to rent, mortgage or household bills until you are able to vacate or sell your home, if this is what you have agreed.
- How you will deal with any joint bank accounts or debts
- How you will deal with any property or the sale proceeds of a property, after paying of any mortgage or sale costs.
- What will happen to any items you have bought together including cars and furniture.
- Maintenance for either of you or any children
- Who the children will live with and arrangements for seeing the other parent.
We will ask you to provide all the information we need and prepare the agreement and advise you on how to complete it and get it witnessed. You and your partner will then receive an original copy.
Pre-nuptial agreement (drafting only) £750 + vat (£900.00) to £1500.00 + vat (£1800.00).