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Request A CallbackAt Fisher Jones Greenwood Solicitors, we understand that planning for the future is essential, especially when it comes to protecting your assets and ensuring peace of mind. Our expert team is here to guide you through the process of creating a prenuptial agreement that meets your specific needs and circumstances.
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A prenuptial agreement is a legal document that outlines how assets and finances will be divided in the event of a divorce/or a permanent separation It provides clarity and security, helping to prevent disputes and protect individual interests.
Whilst prenuptial agreements are not automatically legally binding, they can carry significant weight in subsequent matrimonial financial proceedings if certain criteria are met as follows: t1) if it was entered into freely by both parties, 2) with a full understanding of its implications, and if 3) it is deemed fair in the circumstances
Please contact us via our online enquiry form or call 0845 543 5700 for a guaranteed response. Our dedicated team is ready to assist you with any questions or concerns you may have.
With over 40 years’ experience, Fisher Jones Greenwood is a long-established Essex Solicitors. With nine offices around Essex, Suffolk and London. Phone us on 08455 435 700 or email us and we’ll call you back to arrange a meeting with a solicitor or lawyer.
Request A CallbackWhat factors do Courts consider when evaluating prenuptial agreements?
The evaluation of a prenuptial agreement is only relevant if the marriage/civil partnership has come to an end, and the financial settlement cannot be agreed upon. Courts consider several factors, including whether:
Can a prenuptial agreement be modified after marriage?
Yes, prenuptial agreements can be modified with the consent of both parties, and in fact it is important that regular reviews are undertaken of the preputial agreement.. It’s advisable to seek legal assistance for any amendments to ensure they are enforceable.
What is the significance of the Radmacher v Granatino case?
The Radmacher v Granatino (2010) case established that prenuptial agreements should be upheld unless it would be unfair to do so. This case significantly influenced how Courts view prenuptial agreements in England.
Are foreign prenuptial agreements recognised?
Foreign prenuptial agreements are not automatically enforceable in England. The Courts will consider the terms of the agreement and whether they are fair under English law.
How can I ensure my prenuptial agreement is enforceable?
To increase the likelihood of enforceability, ensure the agreement is drafted by a qualified family law expert, both parties receive independent legal advice, there is full disclosure of assets, and the agreement is signed well before the wedding.
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