Pre-nuptial Agreements
Template: Pre-nuptial Agreement
Read what Net lawman says about this template:
"Marry knowing that it is for love and not money. This prenuptial agreement (also known as a pre-marital agreement) helps you to sort out your affairs, plan how you will divide your current and future wealth between you, and tie up loose ends, if you decide to divorce or separate in the future. It will help you control your ownership of important assets such as your house, sentimental possessions and your business.
Are prenuptial agreements legally binding?
Prenuptial agreements are not legally binding, despite a recommendation by the Law Commission to make them so.
A UK court will take one into consideration, but remains free to impose any other financial settlement the judge rules appropriate to the circumstances, particularly with respect to arrangements for children.
A settlement is more likely to be in line with any nuptial agreement the couple made if the agreement:
is fair and reasonable, both when it was made, and at separation
is flexible and allows for review and modification at a later date, such as following the birth of any children
The parties must demonstrate that:
each person considered and understood the implications of entering into the agreement, and were truly happy with it.
it was not signed under duress or coercion, and not entered into in haste
each person gave full disclosure about their personal wealth at the time of signing
To satisfy these conditions, couples are likely to have to:
take separate, independent legal advice (not necessarily from a solicitor) as to the implications of their agreement
sign the agreement well before the marriage or civil partnership so that there is a sufficient “cooling off period” in which to back out or change the terms
It will always be the case that a well written, sensible, prenuptial agreement is highly likely to influence the judge's decision as to what the final division should be."
Template: Prenuptial Agreement: protection of property
Read what Net lawman says about this template:
"This version of our prenuptial agreement has the single purpose of enabling each of the new marriage partners to protect ownership of the assets he and she brought into the partnership in the event of breakup. It is a simpler agreement for couples who are independently financially secure before the marriage or partnership, and for whom the concern is the retention of ownership of personal assets such as heirlooms or a business, rather than financial security. The document is drawn to meet the latest prospective requirements for the enforceability of a prenuptial agreement."
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