In many circumstances it is prudent to ensure your assets are secured for your future.
Whether you are about to enter into a marriage or have already tied the knot, it is wise to ensure that your assets are secured.
Pre-nuptial and post-nuptial agreements confirm your rights to property, finances and business acquired before and during the marriage, and after the marriage ends should that happen.
While these agreements are not always 100% legally binding in the family courts, if they are fairly agreed then their terms can be upheld and can influence a court’s decision in respect of any financial settlements in the future.
There is now precedent case law which states that pre-nuptial agreements will be binding if there is the following:
- Independent advice under no duress
- Full and frank financial disclosure
- A good interval between signing the agreement and the wedding date
- The agreement is updated when new assets are acquired
At Specters, we believe that pre- or post-nupital agreements are a good idea because they will help you with the following:
- Avoid arguments and disputes over your assets should your marriage end
- Protect assets you have acquired or inherited
- Preserve assets for any children outside of your marriage
- Protect you from any debts that your partner acquires
If you are considering a pre-nuptial or post-nuptial agreement, our specialist family solicitors can help you. We offer competitive rates to deal with your matter. You may be eligible for our initial free 30 minute consultation, as well as a second 30 minute consultation for £50.
To get a divorce, you must be able to demonstrate that your marriage has irretrievably broken down. You must be able to prove the following:
- Your spouse has acted unreasonably;
- Your spouse has committed adultery;
- Your spouse has deserted you for a continuous period of two years;
- You and your spouse have been separated for at least two years and you are both in agreement to the divorce proceedings;
- You and your spouse have been separated for at least five years.
A standard divorce can take between 6-8 months, provided that it is not contested. If a divorce is contested then this timescale will be longer and it will depend on when outstanding issues are resolved.
If matters are uncontested, and you have already agreed with your former partner your divorce and financial arrangements, there will be no requirement for you to attend court. Your divorce will be processed based on your paperwork. If you not agreed on part or all of your financial arrangements, you will be obliged to attend Court.
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