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Pre-Nuptial Agreements

Pre-Nuptial Agreements

A prenuptial agreement (often referred to as a prenup) is a legal contract entered into by two individuals before they get married or enter into a civil partnership. The agreement typically outlines how assets and finances will be divided in the event of divorce or dissolution of the civil partnership.

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Prenuptial agreements can cover various aspects, including:

  • Assets and Property: They can specify how property, assets, and finances acquired before and during the marriage will be divided in the event of separation or divorce.

  • Inheritance: They can address how inheritance and gifts received during the marriage will be treated in the event of divorce.

  • Debts: They can outline how any debts acquired before or during the marriage will be allocated between the parties upon divorce.

  • Spousal Maintenance: They can set out whether one party will pay spousal maintenance to the other and, if so, under what terms and conditions.

 

Prenuptial agreements are not automatically legally binding in the UK, but they are increasingly being recognised and upheld by courts, especially if certain criteria are met. These criteria include both parties entering into the agreement freely, with full understanding and disclosure of their finances, and the agreement being fair and reasonable at the time it was made.

 

It's important for both parties to seek independent legal advice before signing a prenuptial agreement to ensure that their rights and interests are protected. Additionally, prenuptial agreements can be reviewed and updated throughout the marriage to reflect any changes in circumstances or finances.

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