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While no one enters a marriage assuming it will fail, current divorce statistics in the UK indicate that we cannot take anything for granted. As happy as you are with your partner, choosing to put a pre or post-nuptial agreement in place can provide a welcome safety net and long-term peace of mind in case circumstances change.
A pre or post-nuptial agreement sets out each partner’s rights regarding property, debts, income, and other assets, if the relationship comes to an end. While they are not automatically enforceable by law, properly prepared pre or post-nups are highly likely to be upheld by the courts in England and Wales.
This is why obtaining expert pre or post-nuptial agreement advice from a reputable family law firm is so important. At Davis Blank Furniss, our experienced family law solicitors, headed by Kirsty Morbey, offer the depth of knowledge and skill needed to provide a firm foundation for your future together.
If you need any legal advice or assistance with regards to family law, contact the Davis Blank Furniss team now.
Strictly speaking, pre or post nuptial agreements are not automatically legally binding in England and Wales. However, following landmark court rulings, the judiciary can give them substantial weight. A court is likely to uphold a pre or post nup provided it was entered into freely by both parties, full financial disclosure was made, both individuals received independent legal advice, and the terms remain fair and meet the basic needs of both parties and any children.
A pre or post nuptial agreement clearly outlines how a couple’s financial assets, properties, pensions, savings, and debts will be managed during the marriage and divided in the event of a divorce. It acts as a customised financial blueprint, protecting pre-marriage assets, ring-fencing inheritances, and safeguarding one partner from being held liable for the other’s prior debts.
While you can technically write your own pre or post nuptial agreement, it is strongly discouraged. For a pre or post nup to be given weight by UK courts, it must meet strict legal criteria, including the requirement that both parties receive independent legal advice from qualified pre or post nuptial agreement solicitors. A DIY agreement lacks these legal safeguards and is highly likely to be disregarded by a judge during a divorce.
A pre or post nuptial agreement must be executed as a deed. This means each party’s signature must be witnessed by an independent adult who is not a family member or party to the agreement itself. Typically, the solicitors representing each party will act as witnesses to ensure the execution of the document is legally pristine and binding.
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Our Manchester office is rated 5 stars on Google
If you need any legal advice or assistance with regards to personal or family law, contact the Davis Blank Furniss team now.
If you need any legal advice or assistance with regards to personal or family law, contact the Davis Blank Furniss team now.
If you need any legal advice or assistance from our Manchester office, contact the Davis Blank Furniss team now.
If you need any legal advice or assistance from our Glossop office, contact the Davis Blank Furniss team now.
