Church, vicar, reception, flowers... Oh, and don't forget the pre-nup!

Article

14 October, 2008

Are you getting married in less than 21 days? If so ignore this article!

If however your wedding is planned further ahead, then consider this; resolving financial matters in divorce can be stressful, expensive and time-consuming.

It is possible for couples, before they marry, to decide how the assets of the marriage should be divided in the event of a divorce using a pre-nuptial agreement providing a few basic rules are followed:

  • The agreement, or "prenuptial agreement", should be signed by both parties not less than 21 days before the date of the marriage.
  • Provision should be made in the agreement for any children.
  • Both parties should take independent legal advice and give each other full disclosure of their financial circumstances before entering into the agreement.

If these rules are followed, it may be that the court would uphold the agreement in the event of a divorce.

There is no law at present to say that prenuptial agreements are binding, but recent cases decided by the Higher Courts have shown an inclination to accept them if they are "fair" and entered into without duress.

If this issue can be broached sensitively and diplomatically before the marriage, then it is likely, although not yet guaranteed, that you will save yourselves a lot of money and stress if you subsequently divorce.

It may not be a romantic notion, but it may well be worthwhile in the long run!

The family law team at Forbes includes specialist Family Solicitors and divorce lawyers who offer advice on all areas of family law, including divorce, dividing family assets following marriage breakdown, cohabitation agreements, ancillary relief, civil partnerships, children's law and change of name deeds.

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