Christmas is often a time when many couples become engaged. What can be more romantic than a Christmas proposal?
What can be less romantic is the suggestion of a pre-marital or pre-nuptial agreement.
These type of agreements are becoming much more common and popular due to changes in society and the growing weight such agreements are given by the court in later disputes.
For a pre-marital agreement to be useful certain conditions must be complied with including:-
1- The agreement being supported by full and frank disclosure of finances
2- Both parties must enter into the agreement freely and have independent legal advice
3- The agreement must be entered into well in advance of the marriage
4- The agreement should create a "fair" outcome, meeting the parties’ needs
Pre-marital Agreements are often sought when one party has children from a previous relationship or there is a significant disparity in the capital of the couple. Negotiations can take place through lawyers or at mediation to achieve an agreement that both future spouses feel comfortable with.
If you would like to talk about these kind of agreements and what they can cover, please get in touch.
It is advisable to enter into an agreement well in advance of the ‘big day’ and usually at least three months beforehand. Bear in mind that before an agreement can be signed, it has to be prepared and considered, and both people must give each other full and frank disclosure of their finances. This will take approximately eight weeks, and both parties to the agreement need their own independent solicitor.