There are now many more cohabiting couples buying their own property and living as a married couple with joint accounts and shared responsibilities.
Unmarried couples are also having children and living a happy life without the need for marriage. But, what would happen in the event that something goes wrong in that relationship?
Nobody wants to think like that when they are in a happy relationship and everything is well but unfortunately some relationships do change over time. For this reason and for the benefit of each person in the relationship it is good to put in place arrangements to protect yourself in the event it should happen. Not only is it important to protect yourself but any children involved too.
An example of a common issue – does it apply to you?
- Do you own a property with your partner? If so, did you enter into a discretionary trust when you purchased it through your conveyancing solicitor? If not, how would you divide the property on separation?
- What is in place to secure you and your children’s future?
- Could you relocate you and your children in suitable accommodation?
As much as we always hope that it won’t happen and that if it does all will be amicable, not everyone is that fortunate.
If you haven’t put arrangements in place but are already going through a separation then it’s not too late! Call us today to find out what you can do to protect you, your relationship and your children.
It’s an exciting time when you and your partner get engaged and wedding planning commences, and the last thing you expect to be discussing is how you will be dividing your assets in the event of a divorce.
You are either the one bracing yourself about how to mention a pre-nuptial agreement to your loved one without causing World War Three, or are the one that’s been asked to consider having a pre-nuptial agreement by your husband/wife to be. Either way it’s not an easy topic of conversation.
So, why do couples take out a pre-nuptial agreement?
It’s easier to plan for the worst when you are both very much in love and amicable, and can reflect on a divorce without blame or reason for what created the relationship to break down. There are different circumstances that might make a pre-nuptial agreement necessary for example:
- You have a high net worth, whether that be inherited family wealth or funds which you have built for yourself. You wish to protect the wealth in the event of a divorce.
- You have experienced a difficult divorce and lost more of your wealth and assets than you thought you would, and now wish to protect what you have left.
- You have children from another marriage who you would like to provide for in the future.
- You have a business or asset(s) in the UK or abroad that you want protected and excluded from any divisions in the future.
Is a pre-nuptial agreement enforceable in a Court?
Providing it has been freely entered into by both you and your partner, with full understanding of what is contained in the pre-nuptial agreement and its implications then it is likely to be enforced unless there are any circumstances which make it unfair to be enforced.
We will ensure that pre-nuptial agreements are drafted and devised to be effective and enforceable in a Court. We will also advise you how to maintain their efficiency throughout the duration of your marriage for example, when children are born into the marriage and new assets obtained.
If you would like to speak to one of our professional, knowledgeable, friendly solicitors, please contact us today.
Although civil partnerships and their breakdown are a reasonably new area within family law, we have the legal expertise to deal with any issues which may arise and ensure that your interests are fully protected.
Call us today on 01903 203 464 to find out how we can help protect you, your relationship and your children.