As divorce rates increase, Pre-marital Agreements (also known as Pre-nuptial Agreements), are becoming more common. Couples wish to set down guidelines to cover the (hopefully unlikely) event of a marriage not working out. Drawing up an Agreement using the Collaborative Law process is ideal, as it involves the parties negotiating face to face. After all, when a couple is about to embark on a lifelong relationship, it isn't really appropriate for each of them to have lawyers writing formal letters about the consequences of the relationship ending before it has really begun.
Courts in this country are taking more and more notice of Pre-marital Agreements. This is particularly the case where: -
- each party can make an informed decision
- each party knows the implications of the document hey are signing
- the Pre-Civil Partnership Agreement is entered in to in good time before the Civil Partnership (E.g. not the day before the ceremony!);
In such circumstances, Courts are more likely to take account of the wishes of the parties to the marriage, as set out in the Pre-marital Agreement. After all, if two adults freely enter into an Agreement, each with the benefit of independent legal advice, why should the Court not give effect to the parties' wishes?
By buying holiday insurance we do not jinx the holiday. We are just sensibly planning ahead for every eventuality. That is exactly what a Pre-marital Agreement seeks to do. It will not jinx the marriage. It may end up saving many headaches and legal fees. It can also save the stress and anxiety which sometimes follows when, for example, a divorcing couple have made unequal initial contributions into the marital pot.
A Pre-marital Agreement is a sensible and commonplace means of forward financial planning. It is a simple and straightforward process, and need not take long from start to finish.
However, it will only have a chance of succeeding, if it is entered into before the marriage takes place. As yet there is no "morning after" Pre-marital Agreement.
Depending upon circumstances, we can offer a fixed quote service for preparing a Pre-Marital Agreement.
Please contact Elizabeth Hodder at eah@gross.REMOVE-THIS-BARRIER-BEFORE-SENDING.co.uk or Julie McDonald at jm@gross.REMOVE-THIS-BARRIER-BEFORE-SENDING.co.uk for further details.