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At Ashton KCJ we believe that one area of English Law that should be higher on the Agenda of many couples who intend to marry is Prenuptial Agreements. They are a factor that Courts in Divorce Cases have to have regard to in determining how to deal with the assets of the family provided that the Prenuptial Agreement has been properly entered into.
If you are getting married, you should think hard about whether you might benefit from the certainty that a Prenuptial Agreement aims to provide in the event of separation or divorce. If you or your intended spouse has any assets that you do not want to share upon divorce, a Prenuptial Agreement can make it clear what has been agreed and what is to happen with those items. It provides for clarity between the intended spouses as to what is going to happen in the event of the breakdown of the relationship - and that clarity is injected into the relationship right from the outset.
In the unfortunate event of a breakdown of the relationship there will therefore be an accord between the spouses where usually there is dispute and disaffection.
Of course Prenuptial Agreements appear unromantic and for many people are difficult to raise with the other intended spouse and discuss but they can assist greatly in resolving the financial arrangements between the parties before the marriage is entered into and is a cost effective way of preventing a fight upon divorce over financial matters which can prove to be time consuming, emotionally draining and very expensive indeed.
If you have substantial assets which have been brought into a marriage or if you are bringing in assets following a previous marriage that require to be preserved and not made available in the event of divorce to the other spouse a Prenuptial Agreement is very important indeed.
Post-marital agreements are also growing in popularity and can sometimes carry more weight than a pre-nuptial agreement. In many cases the terms of a pre-nuptial agreement will then be converted into a post-nuptial agreement after the marriage to provide extra security for those wishing to rely on it.
Ashton KCJ solicitors can also assist in the following areas:
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