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While prenups aren't automatically enforceable in England and Wales, a well-drafted and executed one is persuasive in court.
Three conditions are required to ensure the courts will take it into account:
1. Independent legal advice is taken by both parties
2. Financial disclosure has taken place to the satisfaction of both parties
3. The document is signed by both parties and their solicitors at least 28 days before the wedding date
4. It is fair and reasonable
A Judge will prioritise fairness and the needs of both parties, including any children (current or future). A prenup won't be upheld if it's deemed unfair, or if there's evidence of pressure, undue influence, or lack of full and frank financial disclosure.
If you do not enter into a prenuptial agreement before your wedding it is possible to enter into a postnuptial agreement at any point after your marriage.
Like a prenup, it addresses assets (including domestic and international property), debts, inheritance, future income, maintenance, and provisions for children. For the agreement to be persuasive in court, both parties must receive independent legal advice and exchange full financial disclosure. The agreement's terms must be fair and reasonable, free from undue influence or duress.
https://hrjforemanlaws.co.uk/what-is-a-postnuptial-agreement/
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Planning for the future can bring peace of mind, especially when it comes to your loved ones. Creating a Will allows you to specify how your dependents will be cared for and how your assets will be distributed, whether to family, friends, or charitable causes. Estate planning is a crucial step in securing your family's financial well-being.
It's wise to create or update your Will at key life stages, not just in later life. Significant events like marriage, cohabitation, divorce, purchasing property, or the birth of a child are all important triggers for Will review.
Because every family is unique, there's no one-size-fits-all Will. Our experienced team can guide you in choosing the best option for your specific circumstances.
https://hrjforemanlaws.co.uk/legal-services/will-writing-services/
In addition to prenups and family law services, we provide tailored legal services to businesses, families, and individuals. Our experienced solicitors offer professional support and advice across a wide range of legal needs. Contact us for assistance with: Company & Commercial Law, Commercial Property Law, Conveyancing, Equine Law, Family Law, Insolvency, Leasehold Enfranchisement, Litigation, Wills, Trusts & Probate, and Lasting Powers of Attorney.
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