Pre Nuptial Agreements and Post Nuptial Agreements are very popular, particularly when one or both parties has acquired property in their sole name prior to the marriage, or one or both of the parties to the marriage are getting married for the second time and have children from previous relationships/marriages and also wish to protect their assets for their children (and grandchildren).
In this country, Pre-Nuptial Agreements are not currently legally binding. However, if there is an element of ‘fairness’ and both parties needs have been considered, and the agreement has been entered into at least 28 days in advance, there is financial disclosure and both parties have received separate legal advice, the agreement is likely to be considered enforceable if it is challenged at a later date.
In countries such as Spain, Italy and Latin America for example, Pre Nuptial Agreements are very common but the same requirements are not considered necessary for an agreement to be upheld.
If you have entered into a Pre-Nuptial Agreement abroad and have subsequently moved to England/Wales after the marriage, or indeed if you acquire assets abroad having already entered into a nuptial agreement, you should consider seeking legal advice from one of our specialist senior lawyers within our Family Team.
If you have assets abroad and are considering entering into a Pre-Nuptial Agreement or Post Nuptial Agreement, our specialist senior lawyers within the Family Team will be able to provide you with advice regarding your case and work with our contacts within the Alliot Alliance Group to consider the best approach for your agreement.
Our specialist family lawyers can review your specific circumstances, and we recommend obtaining advice at the earliest opportunity. We offer a free exploratory call so that we can match your specific needs with the right person in our family team. For more information or to arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford, Frinton-on-Sea, Ipswich or Bury St Edmunds, or by telephone or video appointment. We are also proud to support Blue Light members and offer a discount on our initial fixed fee meeting.
