family law liverpool prenuptial agreement

Prenuptial Agreement Lawyers Liverpool

Prenuptial Agreement Lawyer LiverpoolA Prenuptial Agreement can save a lot of time, expense and worry if your marriage breaks down in the future. Find out how we can help you draft a prenup by contacting our friendly team today on 0151 329 2641 or fill out our online enquiry form.

Prenuptial agreements are a way for two people to agree, before they get married or enter a civil partnership, what will happen if they get divorced. The bulk of the agreement will set out who will own houses, cars, businesses and other assets owned by either party if the marriage ends in divorce.

This makes 'prenup agreements' popular with the very wealthy, but with such a high divorce rate, they are increasingly used by people on low or moderate incomes. As many as 1 in 3 marriages end in divorce, so many people find that a prenuptial gives them peace of mind before getting married.

Prenups in England and Wales

Although commonplace and regularly enforced in other parts of the world, the Courts in the England & Wales reserve the right not to apply certain parts of the agreement. Indeed, until relatively recently, prenups were not worth the paper they were written on. However, in a recent case (Radmacher v Granatino), the UK Supreme Court said that: "The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement". This means that a prenuptial agreement is now enforceable in England & Wales, and the courts will give them effect provided that the agreement isn't manifestly unfair.

Whether or not the terms of the agreement are accepted by a divorce court as fair very much depends on the individual agreement. If they are reasonable terms, and not extremely unfair to either party, it is likely that the terms of the agreement will reflect the outcome. The reason for this is the same as that where the courts are asked to become involved in other familial disputes. By their design, courts and judges do not view themselves as particularly well suited to the job of attempting to settle deeply personal matters. As a result, providing that the terms of a prenup are not grossly unfair to one of the parties, they will in most cases prove highly relevant to the courts granting (or refusing) an application for divorce. It is useful to have a lawyer help you draft the terms to ensure the best possible interpretation by the Courts.

What Can be Included in a Prenup?

A prenup will commonly contain provisions for savings, debts and any businesses and properties owned by the couple.

There are often questions surrounding any limitations as to what can be included in a prenup. Technically speaking, providing that they are not manifestly unfair, these documents are in fact a kind of contract between would-be spouses. As a result, the parties have complete freedom to agree on all things pertaining to their wishes, should their relationship terminate at some point in the future. A common concern for people relates to the care of children in the event that their relationship breaks down. It is possible for you and your future spouse to set down, so far as is possible, what is to happen in respects of child care should you and your partner divorce in the future.

Children in Divorce

However, it is very important to note that in attempting to rely on a prenuptual agreement in an action for divorce, a court will not only have regard for the fairness of its terms, but also whether it protects the welfare of your children. It is within the power of the courts to overlook the terms of a prenup if it deems that the interests of children are not being protected.

Prenuptial Agreements from Family Law Liverpool

Get in touch with our friendly and approachable team for expert prenup advice. Our specialist legal team have years of experience in helping couples to draft prenuptial agreements.

Contact us today on 0151 329 2641 or fill out our online enquiry form.

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