Marriage, Wedding, Pre-nuptial Agreements

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Information about Marriage, Wedding, Pre-nuptial Agreements

Published on March 14, 2014

Author: ahchristielegalllp1



Pre-nups are this season's hottest wedding accessory!

Pre-nuptial Agreements by A H Christie Legal Solicitors LLP [This presentation is for informational purposes only. It shall not be construed as legal advice.] as legal advice.] as legal advice.]

Cohabitation or Marriage? Legal consequences of cohabitation and marriage break-up Marriage: more protection to the stay at home parent Pre-nuptial agreement offers a chance to discuss financial matters before the wedding But cohabitants with children treated similarly to married couples Cohabitation Agreement can grant protection to the stay at home parent

Divorce What will happen to my pre-marital property? How about... Inheritance Gifts Business interests Investments

Divorce : stay at home parent My partner gave up her/his job to raise children. What will she/he get on divorce? Who will keep the kids? Who will get the family home? Other assets?

Divorce: division of assets Starting point 50:50 What factors are taken into account when property is divided? Financial contributions Needs and interests of children Needs of the spouse who is not earning or earning less Family home - usually goes to the stay at home parent guardian of the children

Solution: Pre-Nuptial Agreements Currently non-binding but have a persuasive force Law Commission report from 27th February 2014 recommends a that courts make financial orders consistent with nuptial agreements Can provide for: financial settlement upon divorce, spending matters, child custody issues, maintenance payments etc. Pre-nuptial can make divorce quicker and less painful.

Pre-nups: some of the requirements Has to comply with standard contract rules Signed and witnessed Both parties need to be separately advised Can’t contract out of ‘financial needs’ and fairness Full financial disclosure Signed at least 28 days before the wedding

Do you have any questions? Would you like to know more about pre-nups? Email us @ Call 020 7565 0020 A H Christie Legal Solicitors

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