The Court of Protection recently had to decide whether a pregnant woman had capacity to decide whether or not to undergo a planned Caesarean section and, if she did not, whether the procedure was in her best interests. The 37-year-old woman had been...
Many couples bring significant assets and, in some cases, children from previous relationships into their marriage or civil partnership. In these cases, it is sensible to consider getting a prenuptial agreement.
If you are looking to plan for the future a prenuptial agreement can provide peace of mind by outlining how your finances will be handled in the event of a separation.
To ensure the agreement can be enforced, it's important to have them drafted correctly and for both parties to seek appropriate legal advice.
Our prenuptial agreement solicitors can guide you through the process, helping you negotiate terms, draft the document, and provide advice on how to apply it if separation occurs.
We recognise that these matters are sensitive, and we will always approach them tactfully while prioritising your best interests. This way, you can establish a practical agreement without worrying about any negative impact on your relationship.
The team at T G Baynes can provide legal advice on prenuptial agreements, including:
- Negotiating the terms of a prenuptial agreement
- Advice on a prenuptial agreement you have been asked to sign
- Updating a prenuptial agreement
- The application of prenuptial agreements during divorce
Contact our prenuptial agreement solicitors in Orpington, Dartford and Bexleyheath
To speak to one of our solicitors, or to arrange a fixed fee initial consultation to discuss our prenuptial agreement services, please fill in our simple enquiry form or call 020 8301 7777.
Our prenuptial agreement services
Negotiating the terms of a prenuptial agreement
Our prenuptial agreement solicitors can give you clear advice on your financial rights in your marriage and support you during negotiations with your partner.
We can help you to create a fair agreement in a constructive way that aims to avoid any potential conflict.
It's important for both parties to seek independent legal advice to ensure a thorough understanding of the agreement's terms before reaching a decision.
Advice on a prenuptial agreement you have been asked to sign
Getting independent legal advice from prenup solicitors before signing a prenuptial agreement form is crucial. Even if you're satisfied with its terms, without expert guidance, a court might not uphold the agreement if you ever need to rely on it.
We're here to help you understand the implications of signing a prenuptial agreement and ensure your rights and interests are protected if you've been asked to sign one.
Updating a prenuptial agreement
After establishing a prenup, it's important to review it if your circumstances change, to ensure it is still fair and applicable to both parties.
If your current prenuptial agreement no longer aligns with your situation or future needs, our prenup solicitors can help you create a postnuptial agreement to replace it.
The application of prenuptial agreements during divorce
If you go through a divorce after creating a prenup, the court will examine how the agreement was made to decide whether to uphold its terms.
Taking care of the needs of any children is a top priority. The court also aims to ensure fairness in meeting the needs of both parties and dividing assets.
Our prenup solicitors can create a legally sound agreement that would be enforced in court and make the process easier in the event of divorce proceedings.
Prenuptial agreement FAQs
What is a prenuptial agreement?
A prenuptial agreement, often called a "prenup," is a legal contract made between a couple before they get married. This agreement outlines how assets, debts, and other financial matters will be divided if the marriage ends. It can cover various areas including property, investments, businesses, and even inheritance.
While prenups are not legally binding, courts typically consider them when deciding on financial settlements during divorce proceedings, as long as they are fair and reasonable.
Prenups can provide clarity and certainty for both parties, helping to avoid lengthy and costly legal proceedings in the event of a breakup. It's essential for both individuals to seek independent legal advice before signing a prenuptial agreement to ensure their interests are protected.
How to get a prenuptial agreement?
To start the process of creating a prenuptial agreement, it is advisable to have an initial meeting with a specialist prenuptial agreement solicitor. They can guide you on what the next steps are and what the agreement should include.
It's important to discuss the idea with your partner as well. You can decide whether to do this before or after talking to a solicitor, but having a clear understanding of what's involved can make the process easier.
Both parties will need to openly share their financial assets for the agreement. You'll need to agree on how assets will be divided in case of separation, as well as any other practical matters like who gets to stay in the family home.
If you have children, their financial needs must also be addressed. Courts prioritise children's needs, so it's crucial for the prenuptial agreement to cover this for legal validity.
Once you've agreed on the terms, a solicitor will prepare the agreement. Both partners must seek independent legal advice before signing to ensure the agreement is legally binding.
Why should I get a prenuptial agreement?
A prenuptial agreement serves multiple purposes for a couple considering marriage. Firstly, it safeguards the assets of both partners in the event of a divorce, ensuring a fair distribution of their belongings.
It can also alleviate the stress and conflicts often associated with divorce. By clearly outlining expectations in case the marriage doesn't work out, it minimises the time and money spent on legal proceedings, making the divorce process smoother for everyone involved.
Prenuptial agreements are especially valuable for safeguarding a partner's assets, such as businesses, inheritances, and investments. This becomes particularly important if one partner has accumulated significant wealth before entering the marriage.
Contact our prenuptial agreement solicitors in Orpington, Dartford and Bexleyheath
To speak to one of our solicitors, or to arrange a fixed fee initial consultation to discuss our prenuptial agreement services, please fill in our simple enquiry form or call 020 8301 7777.