Should you sign a prenuptual agreement?
Bringing up the subject of a prenuptial agreement can be as daunting as popping the question, perhaps more so as it raises the issue...
Any couple who brings personal or business assets into a marriage or civil partnership can benefit from a pre-nup. This is especially important today with the average age for entering into marriage getting older (36.5 years for men, 34 years for women) along with 42% of marriages unfortunately ending in divorce (office of national statistics 2012).
A prenuptial or pre-civil partnership agreement makes clear provisions as to how joint and individual assets accrued prior to or after the marriage/civil partnership should be divided in the event of a divorce or dissolution, including any inheritance, debt and income resources.
Within England and Wales prenuptial agreements are binding within divorce as long as both parties entered into the agreement freely and they have a clear understanding of the consequence of the agreement in the event of relationship breakdown.
Acting on behalf of a bride or groom-to-be we specialise in negotiating and drafting comprehensive prenuptial and pre-civil partnership agreements tailored to our clients’ individual needs.
We ensure that the agreement accommodates our clients’ best interests and that both parties have full knowledge and understanding of the terms and effect of the agreement before it is entered into. We also ensure that our clients are aware of additional steps which may need to be taken in the future if there is a change in circumstances.
If a marriage does breakdown and there is a prenuptial agreement in place, the Family Court will give full consideration to the terms of the prenuptial agreement when deciding upon the settlement of assets and income between the spouses. The existence of a prenuptial or pre-civil partnership agreement should dramatically reduce the legal costs relating to obtaining a Financial Order upon the break down of their marriage or civil partnership than if there wasn’t one on place.
If you and your bride or groom-to-be require a prenuptial agreement we advise you to contact us at least 3 months prior to your wedding day.
However, in the event that you cannot please do not worry as you and your husband or wife can instead enter into a postnuptial agreement which we can negotiate and draft at Laceys.
For further advice on pre-nups please contact one of our team today to see how we can help.
“I just wanted to say many, many thanks for wrapping this all up on my behalf. I am very grateful that the process was pretty straightforward and handled by yourselves with next to no “discomfort” caused to me. A lesson in life has surely been learnt!! Though I enjoyed meeting you I am sure you understand when I say I hope our paths never cross again … professionally ????”
“From my first tentative meeting with Sara she gave me the confidence to pursue my case especially with regard to securing my financial future... Sara was in all aspects very professional but at the same time made me feel very comfortable with our relevant discussions no matter how difficult or my need for greater understanding. Telephone and written correspondence was excellent I never at anytime felt I was not being informed of any latest developments or progress…. In the end Sara achieved a successful result for me securing my financial future for the rest of my life. I cannot speak highly enough of the service Sara gave me.”
“Sara Gilak helped and assisted in maintaining my mother-in-law’s rights and she was able to explain the options that led to the final settlement clearly and in an easily understandable way.”
“I would like to record that Sara Gilak and her secretary gave me excellent support throughout my divorce. Thank You.”
“What amazing staff you have. Sara was thoughtful, kind, understanding and completely confidential and so prompt with any news or callbacks. I can't thank you enough and will highly recommend you.”
“Thank you for your assistance and patience throughout the whole process and wider experience, it really was very much appreciated. I would recommend Laceys in future, in particular, Sara and her secretary, who were both very professional. ”
Sara is an experienced family law associate solicitor who advises clients in relation to all private family matters to include divorce, finances, children contact and residence disputes and injunctions for victims of domestic violence. Sara also represents clients who are in dispute over property ownership.
Sara specialises in advising clients in relation to financial matters prior to marriage in the form of Cohabitation Agreements and Prenuptial Agreements and as a result of marriages and relationships ending in relation to legal separation and divorce.
Sara provides her clients with clear, concise and professional advice and representation to resolve their legal issues and enable them to move forward with their lives.
Outside of work Sara is an avid diner who seeks to sample the menu of as many restaurants and different cuisines as she can in Britain and abroad and occasionally she will compete by holding her own dinner party. When not dining Sara enjoys travelling, swimming, reading and boot camp.