A wonderfully royal wedding and a reminder to protect your interests

Posted 11/05/2018

Saturday 19th May will see Prince Harry marry Meghan Markle and we at Holmes & Hills Solicitors are all looking forward to another Royal Wedding.

The media are now busy guessing who will be doing the flowers, what will the Royal Wedding cake look like, what kind of dress will Megan go for. One thing is sure, I will definitely be watching on the television. As well as all the wedding preparations, I’m sure there have been lots of other negotiations that the media will not be party to and will not be reported.

Weddings are incredibly special as is all the organisation and the run up to the Wedding. A marriage is a legal commitment and if you, like Prince Harry and Meghan Markle, are getting married in 2018, we would urge you to consider whether you should have a Pre-Nuptial Agreement.

Although Pre-Nuptial Agreements are certainly not romantic they are practical and as family lawyers we are now drafting more and more of them for couples eager to protect their interests. Although Pre-Nuptial Agreements are not part of legislation in this country, the Courts can take a Pre-Nuptial Agreement into account when looking at how to divide the matrimonial assets in divorce proceedings.

When the matrimonial Court look at how to divide the matrimonial assets in divorce proceedings a Court will consider all the circumstances of the case, the first consideration being to the welfare of any child of the family whilst under 18. The Court has a duty to achieve fairness and can look at a Pre-Nuptial Agreement as part of the circumstances in the case.

The Court will want to make sure that any Pre-Nuptial Agreement was made at least 28 days prior to the marriage but the sooner the better. The Court will want to be certain that there was no duress, so it is important that any negotiations around an agreement take place in good time prior to the Wedding. A Pre-Nuptial Agreement should provide for any children of the family or have provision for any future children after the Agreement. The Court will want to make sure that both parties have received full disclosure of the other party’s financial circumstances; have had independent legal advice and fully understood the advice and terms of the Pre-Nuptial Agreement.   It is often sensible to build in a review of the agreement at some point in the future say after five years of marriage.

Your Pre-Nuptial Agreement can and should be tailored to your individual circumstances.

We all enter into a marriage with the very best of intentions and hopes for the future, however, divorce and separation are a reality that impacts a lot of people. Divorce and separation can also be a very emotionally difficult time. A Pre-Nuptial Agreement can assist the parties in dividing their assets at that time thus avoiding negotiation, confrontation, disputes and unnecessary cost at the time of divorce or separation.

When communication is good you can clearly detail exactly how you would want your assets to be divided in the event of separation or divorce in the future. We can address any issues that arise and provide for them. More and more couples are seeing the benefits of Pre-Nuptial Agreements and they certainly have their advantages.

Get advice on making a Pre-Nuptial Agreement

Holmes & Hills Solicitors has a team of Family Law solicitors provide expert advice on pre-nuptial agreements and are able to draft you a pre-nuptial agreement tailored to your and your partner’s circumstances and wishes.

Holmes & Hills have offices in Braintree, Halstead, Sudbury, Tiptree and Coggeshall providing convenience for individuals living in north Essex and south Suffolk wanting to get expert legal advice. Holmes & Hills Solicitors in Sudbury is also open on Saturdays 9am-1pm.

Carol Toulson

Posted 11/05/2018 by:
Carol Toulson
Partner & Head of Family Team

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