A pre-nuptial or pre-registration agreement is a document drafted prior to a marriage or civil partnership, by the couple with the help of a qualified family law solicitor. It is intended to help define the way in which a couple’s assets will be held during the marriage, and the way in which they are intended to be divided should divorce or separation occur.
The drafting of a pre-registration or pre-nuptial agreement may seem unromantic, awkward or unnecessary, but such documents can lend valuable definition to the division of financial assets following a divorce or separation. It is important that they are drafted properly, and therefore it is strongly recommended that you seek the advice of a professional family law or divorce law solicitor in order to ensure your wishes are efficiently and clearly set out.
Under UK law, a nuptial agreement can be taken into account by the courts upon divorce or dissolution, although it will not necessarily be absolutely binding. This may help speed decisions and the procedure at what is often a traumatic time. It is a matter for the Court to determine the appropriate weight to be given to the nuptial agreement. Where it has been entered in to freely and where both parties fully understand its implications then, unless it would not be fair to hold the parties to that agreement, the weight given to the agreement can be decisive.
At Farleys, we possess all the necessary skills and expertise to advise on the legal drafting of pre-nuptial or pre-registration agreements which allow for a division of assets in accordance with the wishes of the client. Our specialist family law solicitors and divorce lawyers are more than capable of treating the subject with the discretion it requires, and will be happy to provide legal advice and support during the drafting process.
