If you are planning to marry or enter into a civil partnership, you can consider a pre-nuptial agreement. We can give you advice about its effect so that you can decide if it is right for you.
This agreement sets out what you and your future spouse or civil partner agree should happen in relation to your finances, if your relationship breaks down and you separate.
The important point that you may consider is that Pre-nuptial agreements are not yet legally binding. However, the courts do take them into consideration, providing that there have been no significant events such as the birth of children of the family or serious illness, and they meet the following criteria:
- Both of you would need to make full and frank disclosure of your financial position to each other and there has been no pressure brought to bear on either of you to enter into the pre-nuptial agreement. You would need to enter into the agreement at least three weeks before your marriage or civil partnership.
- In the event of your separation, the court must consider all the circumstances of the case and decide what a fair outcome is.