{"id":562,"date":"2020-09-11T14:59:59","date_gmt":"2020-09-11T13:59:59","guid":{"rendered":"https:\/\/brightlegal.co.uk\/?page_id=562"},"modified":"2021-07-21T13:25:34","modified_gmt":"2021-07-21T12:25:34","slug":"prenuptial-and-postnuptial-agreements","status":"publish","type":"page","link":"https:\/\/brightlegal.co.uk\/for-you-your-family\/family-law\/prenuptial-and-postnuptial-agreements\/","title":{"rendered":"Prenuptial and Postnuptial Agreements"},"content":{"rendered":"
Expert Prenuptial and Postnuptial Agreement Solicitors in Leicester.<\/strong><\/p>\n
What is a Prenuptial Agreement?<\/h4>\n
A prenuptial agreement is a document signed by a couple prior to marriage that sets out what will happen to property, assets, liabilities, and income in the case that the marriage ends. It is an important document which our experts will draw up in order to protect your future.<\/p>\n
Prenuptial agreements are being relied upon more and more by the courts to settle disputes especially following the landmark case of<\/p>\n
Radmacher v Granatino:\u00a0<\/strong><\/p>\n
\u201cThe 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.\u201d<\/em><\/p>\n<\/div><\/section><\/div>
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What Does A Prenuptial Agreement Contain<\/h4>\n
People have many reasons for wanting a prenuptial or pre-partnership agreement, but some of the most common issues covered include:<\/p>\n
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How a particular asset, such as the family home, should be dealt with in case of divorce<\/li>\n
In what circumstances one party would pay ongoing maintenance to the other<\/li>\n
If one party is very wealthy and would probably be called upon to support the other, what that support would mean in practice – a lump sum, a trust, provision of property, etc.<\/li>\n
An agreement not to share out a particular asset, for example, a property or business owned prior to the relationship<\/li>\n
If the parties have connections with overseas countries, which country\u2019s courts will deal with their divorce and related financial matters<\/li>\n
Agreement as to how inherited or gifted wealth should be treated in the event of a divorce<\/li>\n<\/ul>\n
The court has discretion to put in place different financial arrangements from those set out in the agreement if they are unfair. However, a well-drafted agreement is likely to be upheld by the court.<\/p>\n<\/div><\/section><\/div>\n