Are Post Nuptial Agreements Binding Uk
Post-marital contracts (or post-ups) are substantially the same as marriage contracts, but with the distinction that they are concluded after marriage or partnership. You need to think carefully about whether you need a marriage contract and whether you want to sign one. This is especially true if you have marital difficulties. If you are considering a post-nup, if you are going through a period of emotional uncertainty, you are not always in the best way to think to make a decision. You may be accepting a lower diet to stay in a marriage. Most people have only heard of a «pre-nup». However, it is possible to have a «post-nup» at any time after the wedding. Among the circumstances in which a post-nup can be concluded, it is important that you and your partner can get independent legal advice from a lawyer. «The court should implement a marriage contract freely concluded by each party with a full appreciation of its effects, unless, in the prevailing circumstances, it is not fair to keep the parties to their agreement.» Since this decision, the Legal Commission (an independent body that reviews the law) published a report in 2014 with recommendations. It recommended the establishment of «qualified marriage contracts» that would allow couples to make binding arrangements on the financial consequences of a divorce. To be a «qualifying marriage contract», it would have to fulfill certain procedural guarantees: it cannot be used to conclude contracts out of equity / to satisfy the «financial needs» of the other and the children.
A family lawyer can help you establish a marriage contract, especially if your financial circumstances are complex. A contract of succession can only be drawn up and signed when your marriage has taken place (if it is before the marriage, it is a marriage contract). A post-marital contract can both address the current circumstances of the marriage and foresee foreseeable changes in the future, such as the influx of children into the family. He can make arrangements about what would happen to a house, other real estate, bank accounts and savings, pensions, business interests, and can also take precautions for income either through alimony or, conversely, make it clear whether a «clean break» is planned, which rejects future alimony rights. . . .