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A pre-nuptial or pre-marital agreement is an agreement reached between two people who intend to marry and wish to regulate and organise and plan their legal position if they subsequently separate and/or divorce. Presently pre-marital agreements are not binding in this country. However provided the agreement is entered into in good time before the marriage, both parties have had full and frank exchange of personal and financial information, and each have had the opportunity of obtaining legal advice, then these agreements are more and more being recognised by the courts as a factor to be taken into account in accessing the distribution of income and assets on divorce.
Some believe that such agreements are unromantic and suggest that both parties do not have confidence that the marriage will work. However such agreements are no different to the wisdom of making a Will or taking out life insurance or critical illness cover. It is not recognised that such agreements are part of sensible planning.
Hoben Johnson can help you prepare and negotiate a suitable agreement which meets your requirements. We are only able to advise one party not both. We can also ensure as far as possible that such an agreement would be recognised as a factor to be taken into account in the sad event i.e. divorce or separation.
The costs of preparing a pre-nuptial agreement are significantly less than the cost of any subsequent contested financial proceedings. Please contact us if you would like any further advice or assistance.
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