Call back request

  • This field is for validation purposes and should be left unchanged.

Related Services

Image
The increasing amount of globalisation has resulted in many individuals having a opportunity to own assets from multiple countries. Each governed by their own set of laws and successions rules.
Read More
Image
Choosing a nursing home or care provider and dealing with the costs associated can often be complex and daunting decisions.
Read More
Image
If a person does not have a Lasting Power of Attorney or an Enduring Power of Attorney in place and no longer have capacity to manage their own affairs then an application will need to be made to the Court of Protection for a Deputy Order.
Read More
Image

Pre and Post-nuptial Agreements

A pre-nuptial agreement is a written contract entered into by two people before marriage. It sets out the assets of each party to the marriage and how their assets are to be divided in the event of a divorce or separation.

Pre-nuptial agreements are useful in the following situations:

  • Where there is a substantial difference in your financial positions
  • To protect wealth accrued prior to your marriage
  • Where you have a previous family you wish to retain capital for
  • To minimise conflict in resolving financial issues should the relationship break down
  • Where you have been married before
  • Where you are likely to inherit assets during the marriage

Current Law

Pre-nuptial agreements are not automatically enforceable in England and Wales at the moment.

However the landmark decision of Radmacher v Granatino in Autumn 2012 ruled that if you enter into a properly drawn up pre-nuptial agreement, fully aware of its implications, it is likely that you will be bound by its terms.

However certain safeguards have to be considered. The family team at AWB Charlesworth can advise on the steps that need to be taken in order to enter into a properly drafted pre-nuptial agreement.

In addition, we can advise on and prepare post-nuptial agreements, entered into after the marriage.

Click here to take a look at our most recent blog on this topic.