What is a pre-nup?
A pre-nuptial agreement (sometimes calleds a pre-marital agreement) is a written contract entered into before a marriage setting out what should happen to assets and children if the marriage were to break down.
For many couples about to marry talking about separation is probably the last thing they wish to do as it it may be thought to call into question their commitment to each other. However in a situation where one of the spouses may be bringing subtantial assets or income into the partnership entering into a pre-nup is often thought to be a wise move.
Are pre-nuptial agreements enforceable?
Following the recent Supreme Court decision in the case of Radmacher a court should give effect to a pre-nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold the parties to the agreement, especially where this may relate to needs of any children.
Foster & Partners can advise you about entering into a pre-nuptial agreement and prepare the agreement for you.
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