Pre-Nuptial Agreements

Pre-Nuptial Agreements

• Historically, Pre-Nuptial agreements were not often looked at by courts, which meant a significant amount of autonomy in marriages and civil partnerships was lost. In recent years, however, courts have started to consider pre-nuptial agreements more and more, and they are a viable and useful way of protecting your and your partner’s interests in and after marriage.
• Sterling Law will help you at every step of the process – including in writing and enforcing the agreement. Courts will often give more weight to pre-nuptial agreements if it is clear that the agreement was written with the help of legal professionals and the correct procedures were followed
• A pre-nuptial agreement itself is an agreement made before marriage which sets out what happens if the couple is divorced.
• Pre-nuptial agreements are almost always relevant, but particularly in cases where you or your partner have large amounts of assets that they wish to protect, and in second marriages
• A sound pre-nuptial agreement will typically be treated by courts the same way that a commercial contract would, unless there are clear errors in the contract or the contract was not signed/created fairly. Sterling Law will help you to create a strong agreement to avoid difficulties in court, and if you do run into difficulties, will argue your case with our expert team of family lawyers.

Post-Nuptial Agreements

• If your relationship is at an uncertain stage, post-nuptial agreements can be a useful way of protecting your and your partner’s interests
• Here, the same thing is done as in a pre-nuptial agreement, only it is done during the relationship
• These are often used especially if there has been a separation, or reconciliation
• As with pre-nuptial agreements, you and your partner must disclose all financial assets to ensure the agreement is viable in court and fair.