Other family matters

Pre-nuptial agreements

Sadly, two out of five marriages now end in divorce and it is worth giving some thought to what you would want to happen should your relationship break down.

Agreeing what you would want to happen in the event that your relationship breaks down is not going to be the most romantic part of your wedding preparations.

However, trends show that the average age for first marriage is steadily increasing and second marriages and beyond mean that each of you may be bringing substantial assets into your marriage.

You may already have made decisions about joint or separate bank accounts, mortgages and other financial investments and debts, and it would be logical to discuss now what you believe would be a fair division of interests should your relationship breakdown. A pre-nuptial agreement can then simply be an extension of sorting out your finances as you go into your marriage. But don’t leave it too late; you must sign the agreement at least 21 days before you actually get married.

emeryjohnson can provide advice on forming a legal agreement which can help reduce the conflict, bitterness and costs which often result from separation and divorce.

Your emeryjohnson solicitor will be happy to help you draw up an agreement, which your partner can take for independent legal advice before signing.

Any agreement will form a legal document so you should consult your emeryjohnson solicitor before signing any papers you may have drawn-up between yourselves or with the help of your partner’s solicitor.

Although a pre-nuptial agreement will not be automatically enforced, the court will give weight to the terms of the agreement and the fact that you have each sought legal counsel before signing any document will demonstrate that you intend to be bound by the agreement.

As well as financial and property matters, which may include provision for children of either partner, a pre-nuptial agreement can cover any other issue which is important to you; from who will care for the children to who empties the cat litter tray.

You may wish to set a date or event on which to review the agreement for example if you have children or retire.