Pre Marital Agreements and Post Marital Agreements
A well-established practice in the United States, the pre-marital agreement or ‘pre-nup’ has become more popular in the UK in recent years. It has also given rise to the post-marital agreement. As a progressive family law firm, Wendy Hopkins Family Law Practice was one of the first in Wales to specialise in pre-marital, post-marital and living together agreements.
How pre and post-marital agreements work
Pre-marital agreements are entered into by couples before they get married, setting out how their assets should be divided should they separate. Some married couples now like to make similar arrangements, and even though their relationship is healthy they sign an agreement to avoid future uncertainty should they split up.
Although pre-marital and post-marital agreements are not strictly enforceable in England and Wales, they are often taken into consideration and may be given decisive weight in divorce proceedings, unless the agreement is unfair. In 2014, the Law Commission recommended that pre-marital agreements be made fully binding . It remains up to Parliament to create a law to do this.
Is a pre-marital agreement right for you?
We are often asked whether a pre-marital agreement is appropriate, and the answer will very much depend on your circumstances. Pre-marital agreements are not for everyone, but should be considered if there is a particular financial imbalance between the partners. Some couples find them unromantic, others will use a pre-marital agreement to show that their marriage is about love and not money. We will only ever advise on what is best in your particular situation, but the decision will be up to you.
Wendy Hopkins Family Law Practice has many years of experience in drafting pre-marital and post-marital agreements. Contact us to find out more about how we can help you.