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Pre-nuptial Agreement

A pre-nuptial agreement allows a soon-to-be married couple to set out what will happen to their finances if they should divorce in the future.

People who are planning to enter into a marriage or civil partnership may choose to make a pre-nuptial agreement setting out what will happen to their finances if they divorce. It may seem like a negative thing to consider, but ensuring the financial stability of both parties is a worthwhile goal to pursue.

The law governing pre-nuptial agreements is a complicated and specialist area, and if certain conditions are not met, the divorce court may disregard or limit the application of the agreement. There are also restrictions on what can and cannot be provided for in a pre-nuptial agreement. It is advisable to take independent legal advice in relation to this area of law.

In addition to this document, two schedules would be attached to form the full agreement, one setting out the assets and liabilities of each partner and the other setting out the details of the financial provision upon dissolution of the marriage or civil partnership.

WARNING: If you enter into a pre-nuptial agreement without both parties first taking independent legal advice, the agreement may be unenforceable.