We understand that when you get married, it may not be your first time, or you have been around a while and have your own wealth or family wealth that you need to protect should your marriage end in divorce.
We also understand that entering into a Prenuptial Agreement is unromantic, but sometimes essential. We know how important your relationship is and so we aim to negotiate and deal with the implementation of your prenuptial agreement with sensitivity. We know how hard it is for clients to start the discussion with their partner about protecting their assets. The concern is too fold, how do I support and protect what I have? How can I achieve this without damaging the relationship I have with the person I want to marry? However, surely honesty and integrity are the foundations of any marriage?
Legal status of pre-nuptial agreements
The law in relation to pre-nuptial agreements has developed following the Supreme Court Ruling in the case of Radmacher v Granatino 2010. Following the court decision in this case the Law Commission published a report entitled Matrimonial Property, Needs and Agreements putting forward legislative reform, while this has not yet been finalised some of the proposals of the reforms may become law in due course, setting out the criteria for what will be known as a “Qualifying Nuptial Agreement”. The agreements must meet the following:
The law in respect of pre-nuptial agreements is by no way certain, but there are clear advantages to entering to the agreement. It allows for clarity, allowing you to agree at the outset what would happen in the event of your separation. There is transparency right from the beginning both parties know the others financial positions before entering into the marriage. In the long run, entering into the agreement could save your legal costs escalating should you divorce later down the line. You are able to ring fence pre-marital assets thereby offering as much protection as the court will allow to those assets you brought into the marriage. If the other party has significant debts, these can be isolated at the start, meaning it would be easier to protect your assets from being used to satisfy those debts later on.
Although the thought of an agreement is unromantic, entering into an agreement that is fair, sometimes lengthy and laborious, can look to those life changing events, the birth of a child, the loss of physical or mental capacity, and still offer the protection needed.
Pre-Nuptial Agreements may not be entirely binding, but they do go some significant way towards persuading the court about the parties’ intentions when entering into the marriage. It is always better to consider with the benefit of forethought instead of hindsight.
Please click on any of the links below to see our client’s testimonials.
"Alison Gaddes has handled my divorce efficiently and professionally whilst being sensitive to what has been a difficult time for me. She has explained all aspects of the legalities and kept me fully updated on the developments of my case at all times. I would have no hesitation in recommending her to anyone seeking legal representation."
"I would strongly recommend Lindsey Canning and her entire team in Wake Smith . Lindsey had been my solicitor handling my divorce and financial settlement case. Right from start I found her very professional and knowledgeable. She worked with me constantly to ensure I was happy with the service and advice being given to me. She is very experienced and provided valuable legal advice while focusing on keeping costs down as much possible and this is something I really appreciated from Lindsey Canning. I thank the team and Lindsey and wish them best of luck."
"Lindsey Canning handled my divorce right through from initial consultation to final hearing. Lindsey was quite literally a rock for me throughout proceedings which eventually ran to 2 years, She was professional, efficient and determined throughout to get the best result for me and my complex case. If it was not for Lindsey’s patient and understanding manner I dread to think where the case could have ended up and I would not hesitate to recommend. Throughout a very difficult time Lindsey supported me, kept me informed throughout and was very realistic about possible outcomes in my case. Lindsey kept a calm and pragmatic manner at all times and is a great listener. I can’t thank her enough for her efforts and support throughout the last 2 years I would not be in the financial position I am now without her." I will continue to use Wake Smith for any of my legal needs and that’s all down to Lindsey Canning.
"Thank you for all your help and advice, divorce is always unpleasant but I must admit that with you and your team on my side everything went as smoothly as possible. If any of my friends are unlucky enough to find themselves in my situation I wouldn't hesitate to give them your number. All the best and thank you again."
"Thank you for all your help. At such a difficult time in your life, it is good to know someone cares."
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