These days married couples and civil partners are able to enter into agreements about how assets should be shared if their relationship breaks down.
And although it sounds unromantic, family lawyer, Rod Stephenson confirms it’s a very practical solution to what can be a costly and emotionally draining situation.
“Pre-Marital Agreements not only help validate the future for parting couples but can avoid inherently lengthy, expensive and uncertain Court disputes that many couples encounter when separating and divorcing,” he says.
To qualify, an Agreement made either pre or post-marriage must meet certain criteria, that include, amongst other requirements:
- No fraud, undue influence or misrepresentation
- Be signed no less than 28 days before the wedding and contain statements the couple understand as a ‘qualifying nuptial agreement’ and it will partially remove the Court’s power to deal with matters as a consequence of any divorce proceedings
- Both parties must have independent legal advice and make full and frank disclosure regarding their financial position prior to signing the agreement.
Mr Stephenson continued: “With pre- and post-marital agreements more commonplace, lawyers are better able to give clear advice about their effect. This leaves control in the hands of the couple themselves, as the details have been previously agreed, which has to be helpful to all concerned.”
Headleys Solicitors’ specialist family lawyer & principal, Rod Stephenson.
