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Careful and considered drafting is required to ensure that a pre-nuptial or post-nuptial agreement is as fireproof as possible.

Following the landmark case in 2010 in the Supreme Court of Radmacher -v- Granatino, the law changed substantially in relation to pre-nuptial agreements in England & Wales on the basis that such an agreement, if prepared and executed correctly, should be upheld provided that the content of such is fair in all of the circumstances of the case.  Following that case, pre-nuptial and post-nuptial agreements are increasingly popular and not reserved for the rich and famous.

If you are planning to marry and intend to either protect your wealth or secure your position in the future if marrying a wealthy spouse then a pre-nuptial agreement should be considered at an early date.  The process requires full disclosure of each party’s finances and discussions about the appropriate financial agreement in the event of a separation or divorce.  Careful and considered drafting is required to ensure that the document is as robust as possible.

Pre-nuptial agreements should be finalised not less than 28 days prior to the marriage. We therefore recommend that you seek early advice to start the drafting and negotiation process as soon as possible.

To speak to our expert family law team about pre/post-nuptial agreements call 0191 281 6151 today.

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