Wealth Protection

Nuptial Agreements

Many people are used to taking tax and other forms of wealth advice, but a family court could be far more damaging to your wealth than tax. The family court may be the biggest gamble of wealth you or your family will ever take.

A pre-nuptial agreement (otherwise known as an ante-nuptial or pre-marital agreement and commonly abbreviated to pre-nup), is a contract entered into prior to marriage, civil partnership or any other agreement by the people intending to marry or contract with each other.

In recent years, the court’s attitude to pre and post-nuptial agreements has changed drastically. Courts now attach far more weight to these agreements and this has led to an increase in demand for them by those looking to protect their or their family’s wealth.

Nuptial agreements are here to stay and are fast becoming a cornerstone of wealth protection planning. Today, nuptial agreements present wealthy individuals and families the best chance to protect wealth in the event of a relationship breakdown.

The courts have recognised the importance of autonomy for the individuals involved, allowing them to make sensible and effective decisions about their wealth rather than relying on the court to do this for them.

However, the court still retains the overall discretion and so it is more important than ever for agreements to comply with various criteria if they are to have the best chance of being upheld.

We are at the forefront of this developing area of law, providing robust legal advice and creative solutions to clients, families and other advisors based on many years’ experience.

The contents of a pre-nup can vary widely, but commonly include provisions for division of property and spousal support in the event of divorce or break up of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery.

Post-nuptial agreements are similar to pre-nuptial agreements, except that they are entered into after a couple is married.

For further information on nuptial agreements and how they are currently regarded by the courts, please read our white paper for wealth protection professionals, Nuptial Agreements – A Shared Responsibility  

For further information please call 0345 111 5050 or email us.

 

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