London Family Solicitors: Asset Protection Through Prenuptial Agreements
No one who enters into a marriage believes it will end in divorce, yet nearly half of all marriages will not last. Prenuptial agreements are a practical step you can take to protect your assets should you eventually divorce or end a civil partnership. At Rollingsons Solicitors Ltd, our family lawyers draft prenuptial agreements for clients who are about to marry or enter a civil partnership. We are also available to amend prenuptial agreements or to draft a post-nuptial agreement after a marriage or partnership begins.
Who Needs a Prenup?
Anyone who has assets, such as a home or investments, can benefit from the protections a well-drafted prenuptial agreement can offer. People with significant assets or couples in which there is a large disparity of income or assets should definitely consider prenuptial agreements. Prenups also make sense for those entering into second or subsequent marriages or civil partnerships who want to protect the inheritance rights of their children from a former relationship.
English law has not traditionally recognised prenuptial agreements, but attitudes are changing quickly. Today, many courts will recognise and enforce prenuptial agreements if they comply with certain criteria, including:
- The agreement must not be entered into under duress. It's wise to sign the agreement at least 21 days prior to the wedding or the effective date of the civil partnership.
- There must be a complete financial disclosure by both parties.
- Both parties must receive independent legal advice from separate solicitors prior to signing the agreement.
- The agreement must be fair and realistic. It cannot heavily favour one party over the other or exceed the terms of current law regarding financial settlements in divorce.
- It must include plans for current or future children.
Our family law solicitors are experienced in drafting prenuptial agreements. We also review prenuptial agreements drafted by others and presented to you for your signature.
To speak to a lawyer about a prenuptial agreement, please contact Rollingsons Solicitors or call 0808 159 5250. We offer a free initial consultation.
