Prior to getting married, it is sensible to discuss your financial arrangements and consider whether it’s appropriate to consider a pre-nuptial agreement. This will set out how you wish your assets to be dealt with in the event of a future separation or divorce. Pre-nuptial contracts are not automatically enforceable in this country but they are evidence of an agreement in the event that the marriage breaks down. If both parties have disclosed their assets, and circumstances have not substantially changed, then the court can take this agreement into account in the event of a dispute. In circumstances where there are substantial assets or there are children from prior marriages this additional protection may be particularly important. We will help you with drawing this agreement up, and advise you on the contents.
We can advise clients on post-nuptial agreements, whether they are intended to be stand-alone or following a pre-nuptial agreement or a foreign marriage agreement. Some couples choose this form of agreement if they are re-locating to England & Wales to ensure that there is some certainty for them if they end up divorcing in the English Courts. We handle the whole process sensitively and carefully, always bearing in mind the relationship and what the parties wish to achieve. We can help with the negotiations where necessary or we can assist with merely putting into place the agreement you’ve already reached. You can decide how much involvement you would like us to have. As with pre-nuptial agreement, the enforceability is very much linked to full and frank financial disclosure at the beginning, something we’ll ensure that you’re fully aware of.
Where necessary we can also involve our Wills, Inheritance and Probate team, who can bring in tax advisers and specialists if there is any doubt that the agreement you’re seeking to reach could have far-reaching implications on your UK or worldwide tax position.