Guide to Pre-Nuptial Agreements

Here at Hodge Halsall Solicitors, we are aware of the importance of protecting your financial
assets as far as this may be achieved.

A Pre-Nuptial Agreement is a document which records how you wish to separate your
finances should a marriage or civil partnership break down in the future. Whilst Pre-Nuptial
Agreements are not currently binding on the English Court, they are considered a
circumstance of the case and one of the factors a Judge should take into account.

We can assist you in negotiating the terms of a Pre-Nuptial Agreement and prepare this
document on your behalf. In order to give your Pre-Nuptial Agreement the best chance of
being upheld, we will also advise you on the specific steps you need to take to best protect
your financial position.

There are a number of factors which are important to assist you with this and on a non-
exhaustive basis, the following are of importance at the time of preparing this article:

  1. Both parties receiving independent legal advice if possible;
  2. A full and frank disclosure process in relation to each other’s finances, to include all
    income, capital and pension provision;
  3. Finalising an agreement within the legally recommended length of time prior to a
    wedding date;
  4. Attaining terms of agreement on your behalf which have the potential to be
    perceived as fair and reasonable in future Divorce/Dissolution Proceedings on the
    information known.

As members of Resolution, we follow the developments in all areas of Family Law, which
includes the best approach to Pre-Nuptial Agreements. We can also advise you and obtain a
Post-Nuptial Agreement on your behalf if you are already married or in a Civil Partnership
but wish to protect your assets should you later separate.
In terms of legal fees, we will offer you a bespoke service on a fixed hourly rate should the
value of your assets exceed £500,000 or more.
For more information about anything mentioned above or how to move forward with a Pre-
Nuptial Agreement, please call our Family Law Solicitors who will explain the next steps.

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