In what circumstances would I need a pre-nup?
When planning a wedding, often the last thing on your mind will be what would happen to your assets in the event that you were to divorce. There are protective measures that can be put in place, however, and although not legally binding, significant weight will be attached to a pre-nuptial agreement as one of the relevant factors which a judge will consider when determining an appropriate financial settlement on divorce. Ultimately it will be considered as persuasive evidence of the party’s intentions, so long as it is satisfies prescribed guidelines set out in case law.
The most common reason for individuals to enter into a pre-nuptial agreement is to protect assets that they have acquired prior to the marriage. This could be an inheritance, whether large or small, or an interest in a long running family business. Alternatively or additionally, it could be wealth or investments that have been built up as a result of an individual’s business endeavours or property ownership. In the event of a second marriage, it may be that an individual has received the family home as part of their previous divorce settlement or even a specific asset or family heirloom that they wish to ring-fence for their children.
If you have assets that you wish to protect it is prudent to take advice prior to your marriage as to how best that can be achieved. Please contact Claire Tollefson on 01892 506191 or Claire.firstname.lastname@example.org for a free, no obligation telephone call to discuss whether a pre-nuptial agreement is appropriate for you.