Prenuptial Agreements

With prenuptial agreements, couples, who are planning on getting married or registering a civil partnership, agree how their assets would be divided should their marriage fail and end in divorce. Normally this agreement dictates who will own business, homes and large item purchases such as cars or yachts, personal finances and business assets.

Because the media tends to focus on the large amounts of money and the expensive nature of the assets involved, 'prenup agreements' tend to be thought of as being drawn up only by celebrities and the very wealthy.

However with nearly one third of all marriages ending in divorce, prenups (or the mis-spelt 'prenuptual' agreement) are being adopted by many couples on an average income. These couples want the security of knowing that any subsequent divorce wont be made more stressful through worry about any threat to personal assets, finances, homes or pensions.

UK courts treat prenuptial agreements differently from many other countries. They only apply the parts of the agreement they judge to be fair. This in itself is progress, not long ago English courts virtually ignored prenuptial agreements all together. A recent case - Radmacher (formerly Grantino) v Grantino, AKA NG v KR (prenuptial contract), has gone some way to changing this situation.

In this case the Court of Appeal stated that the judges should treat the pre-nuptial agreement as the decisive element. The appeal court judges went even further, calling for legislation to reform the law. They wanted the legislation to ensure that any prenuptial agreement would form the basis of any award in a divorce case.

Basically this means if your individual agreement passes the scrutiny of the divorce judge and is deemed fair, it is more likely they will base their award on the agreements contents.

Confusing isn't it? That's why, locally, it is beneficial and essential you contact the best prenuptial agreement lawyers in Southampton to help you draft the terms of the agreement. Family law Southampton prenup lawyers can advise you and give your prenuptial agreement the best possible chance of being looked on favourably by the court.

Call Family Law Southampton on 02393 162543for all the advice and information you need from our prenuptial agreement lawyers, you can use the online enquiry form or mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 

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