Our client and her partner planned to marry. They were in their early fifties and had each been married before. Both had children by those previous relationships that they had provided for in their Wills. Both parties had assets acquired prior to their intended marriage, although our client was wealthier than her intended husband.
The couple wanted to avoid any dispute in the event of a divorce. They agreed that if their marriage were to break down, they would try to ring fence the assets they each brought to the marriage and ensure that the provision they had made for their children was unaffected.
We helped our client to enter into a carefully drafted and fair pre-nuptial agreement, which fulfilled her objectives whilst ensuring that future foreseeable changes in circumstances that might undermine the agreement were catered for.
We ensured that the agreement was entered into with each of the couple receiving separate advice, with full disclosure of all relevant circumstances, without pressure and in plenty of time before the wedding. All these factors are vital to the future enforceability of such an agreement. If a Pre-Nuptial Agreement is drafted well, it may determine the outcome of a future divorce or have a very significant effect on the outcome by comparison with divorce in the absence of any agreement.
