Services

Pre-Marital Agreements

Pre-marital agreements (often called pre-nuptial agreements, or "pre-nups") are agreements entered into by couples before they get married, setting out what they would like to happen to their assets in the event of a separation.

A similar agreement is available for couples looking to move in together, called a living together agreement.

We were one of the first law firms in Wales to specialise in offering pre-marital and living together agreements, and our expert team of specialist lawyers can prepare a bespoke agreement tailored to each individual client's specific needs.

These steps are very simple to take, but can save a considerable amount of anxiety and legal fees should the relationship break down.

If you are considering entering into a pre-marital or living together agreement, we can provide you with the advice and expertise you need in order to make sure the agreement is exactly right for your circumstances.

 

PRE-MARITAL AGREEMENTS

The "pre-nup" is an institution in America and has become more and more popular in Britain in recent years. 

An agreement must be signed by both parties and be witnessed, and should set out how assets are to be divided should a couple subsequently separate.  We can draft the agreement for you and take you through every step of the process.

We are often asked whether it is appropriate for a couple to enter into a pre-marital agreement.  It is certainly not for every couple, but if you have substantial assets going into a marriage, or if there is a particular financial imbalance between you and your soon-to-be spouse, we would always recommend getting advice on whether a pre-marital agreeement might be the right choice.

Some couples absolutely refuse to enter into a pre-marital agreement, saying they are unromantic; others insist upon them as a way to prove their marriage is about love rather than money.  We will only ever advise on what is best in your particular situation, and the ultimate decision on whether or not you wish to proceed is left to you.

It should be noted that if a couple do get married, having previously entered into a pre-marital agreement, then these agreements are not currently strictly enforceable in England and Wales. They may, however, be taken into consideration by the court in any subsequent divorce proceedings (and given "decisive weight" unless the agreement is unfair), and in practice this is happening more and more frequently. 

In February 2014 the Law Commission formally recommended that pre-marital agreements become fully binding, which would enable them to be enforced in court.  We will always keep you fully updated on the latest up-to-date position as Parliament considers the implementation of this recommendation.

 

NEXT STEPS

To discuss making a pre-marital or living together agreement, or to book an appointment with one of our dedicated specialist lawyers, please call us on (029) 2034 2233, e-mail enquiries@wendyhopkins.co.uk, or request a call or e-mail below.  There is no charge for this service, and no obligation to book an appointment.

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