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A prenuptial agreement is suitable for both marrying couples and couples about to enter into a civil partnership. The agreement must be entered into voluntarily each party having taken independent legal advice and must be signed at least 21 days prior to any ceremony of marriage of civil partnership.
The agreement can cover arrangements couples might wish to make in respect of their finances and any children of the relationship. The solicitor will need information from you in order to create the agreement for your signature. The Courts are not obligated under UK law to stick to the terms of the agreement in the event of a dispute unless there have been significant circumstances which might effect the terms of the agreement and they are very persuasive evidence to be used before the Court in the event of any future dispute.
We would point out further that the Courts have often made clear that this sort of agreement is only likely to be stuck to by a Court where both parties have exchanged detailed financial information about the circumstances of the other party. It is usually sensible to record the details of each parties’ financial circumstances within the terms of the agreement.
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Page last updated 07 May 2015, 15:16