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Pre-nuptial & post-nuptial agreements

It is perfectly lawful for a couple intending to marry to draw up a contract setting out the division of their assets in the event of divorce. Such contracts are becoming increasingly common and can be a practical way of introducing a degree of certainty into such matters.

pre & post nupital agreement

Pre-Nuptial Agreements

Pre-nuptial agreements are particularly beneficial for people embarking on second or subsequent marriages who are concerned about protecting the interests of children from their first marriage, or in a situation where one partner is particularly wealthy.

Couples who are contemplating such agreements must ensure that they receive thorough and independent legal advice and that they are completely honest about their assets. The contract should contain clauses to cater for the different circumstances which may occur, such as the birth of children and the duration of the marriage. These variations may affect any eventual proposed settlement. At Viberts, we can help you draft this important agreement.

Post-Nuptial Agreements

A post-nuptial is an agreement entered into during marriage. They are sometimes used, for example, to deal with inheritance that occurs during marriage. If the couple ever divorce in the future, then the agreement will be one of the factors the court considers when dealing with assets. However, it is important that a post-nuptial agreement is not made in contemplation of divorce or separation, as this could mean it is less enforceable.

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