Wednesday, January 05, 2011

Pre Nuptial Agreements to be made legally binding?

Government legal advisers are drawing up plans to make Pre Nuptial Agreements legally binding according to the Daily Mail

Is this a good thing or a bad thing?

Depends whether you want to rely on one or not.

It is a good thing if it provides certainty and reduces litigation.

It is a bad thing if it causes financial hardship.


Legal Advice remains the same:

It is better to have a Pre Nuptial Agreement than not to have one provided it is completed properly -

1. No undue pressure.

2. Enough time to consider whether to sign.

3. The opportunity to take legal advice

4. Full financial disclosure.

5. No fraud or mistake.

6. Takes account of a change in circumstances since it was signed.

A Pre Nuptial Agreement is one of the factors that a judge can take into account and if it is fair and completed properly is likely to be given legal weight.

Why get married without one?

1 comment:

Sample Agreements said...

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