Prenuptial & Postnuptial Agreements

Family Law Hertfordshire, Child Law Barnet Hertfordshire, Legal Aid Barnet Hertfordshire

Whilst no one who is about to get married wishes to consider the possibility of marital breakdown, a pre-nuptial, or pre nup agreement is a contract between the couple before the marriage. It can cover various issues that may arise in the event the marriage breaks down, for instance property matters and division of assets. It seeks to preserve family assets particularly in the case of second marriages where it is important to preserve assets for children of the first marriage.

Whilst pre-nup agreements are not legally binding the courts are certainly moving towards recognising them and enforcing agreements following the latest decision in 2015 where it was said 'The court should give effect to a 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 their agreement'

Inevitably as the marriage subsists and with the advent of children, it may be necessary to look at the Pre-nup agreement and make amendments. This is known as a Post-nup agreement.

You may not have had a pre-nup agreement but wish to ensure that in the unfortunate event of marriage breakdown assets are dealt with without the acrimony that breakdown often brings. This is the time to consider a Post-nup agreement.

Enfield Family Law are experienced at advising, drafting and considering pe-nup and post-nup agreements - please call Lesley Landsberg for further details

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