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If you are planning on getting married, a prenuptial agreement or prenup can set out how certain issues will be dealt with between you and your spouse and give you peace of mind for the future.
Prenuptial agreements are an increasingly popular option for couples as they prepare for their life together. It allows you to start the next phase of your relationship having openly discussed financial matters and with a fair agreement in place. It can also be a good option if either of you have children from a previous relationship and you want to make sure that you are able to provide for them in the future in the way that you want.
As well as setting out what will happen should you separate, a prenuptial agreement can give you clarity over how financial issues will be dealt with during your marriage. It will help avoid misunderstandings and disputes between you and give you a sound legal foundation to build upon.
If you need a prenuptial agreement in Cardiff, our experienced solicitors can work with you to identify what you would like included in an agreement and discuss the options available to you. We have a range of experience helping couples from all walks of life with prenuptial agreements.
We can also prepare pre-civil partnership agreements for those planning on a civil partnership and postnuptial agreements for couples who are already married.
Our prenuptial agreement lawyers provide a full range of services, including:
- Preliminary advice on making a prenuptial agreement
- Drafting prenuptial agreements
- Advice on prenuptial agreements and negotiating prenuptial agreements
- Postnuptial agreements
- Cohabitation agreements
- Pre-civil partnership agreements
- Dealing with the breakdown of a relationship where a prenuptial agreement exists
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If you are looking for solicitors to help you with a prenuptial agreement in Cardiff, contact us today by calling 02921 304307 or send us an enquiry.
How we can help you with a prenuptial agreement
Preliminary advice on making a prenuptial agreement
We will ensure that you have a clear understanding of how a prenuptial agreement can help you and the protection that it can offer. We will go through your personal circumstances and discuss how you want matters such as assets and liabilities to be dealt with during your marriage and should you ever separate. Issues that are commonly included in a prenuptial agreement include:
- Setting out who owns which assets, including those owned before the marriage and assets that may be acquired during the marriage. This can include:
- Savings and investments
- Inherited money and property
- Business interests
- Pension provision
- Ownership of property, including what will happen to a shared home, should you separate, for example, whether it will be sold, how the sale proceeds will be split and who will live there if you should have children
- How assets and debts will be split, should you separate
- What financial provision you will make for any children of the relationship and for the person with the main day-to-day care of them.
Drafting prenuptial agreements
It is important that a prenuptial agreement is carefully drafted so that it stands up to scrutiny should you need to rely on it in the future. We will ensure that the agreement is fair and that it accurately reflects how you and your future spouse want matters dealt with between you.
We will also ensure that full financial disclosure takes place, as this is an essential part of the process.
Advice on prenuptial agreements and negotiating prenuptial agreements
While a prenuptial agreement is not legally binding, the courts will usually follow the terms of an agreement unless it would be unfair to do so, provided certain criteria are met. These criteria include:
- The document was correctly drafted and executed as a deed
- Both parties had independent legal advice before signing and understood the implications of signing
- Both parties made full financial disclosure to each other
- The agreement was entered into freely
- The agreement is fair
- The agreement does not prejudice the interests of any children
- The agreement was entered into at least 28 days before the marriage
If you have been offered a prenup to sign, we can advise you on the contents and, where necessary, enter into negotiations on your behalf. It is important to speak to expert prenuptial agreement lawyers as signing it may not be in your best interests. We will give you a clear assessment of your position and whether the agreement you have been offered is advantageous or not.
Postnuptial agreements
We also offer a similar service for couples who are already married or in a civil partnership and who would like to put an agreement in place setting out how financial and other issues will be dealt with between them.
Cohabitation agreements
If you are planning to live with someone but will not be getting married, we can prepare a cohabitation agreement. Unmarried couples have far fewer rights than married couples and this can give you some protection and certainty for the future. A cohabitation agreement can set out how financial and property matters will be handled, both while you are together and should you separate.
It can be particularly important to put a cohabitation agreement in place if you share a property or if you have children and will be giving up your career to care for them.
Pre-civil partnership agreements
For those entering into a civil partnership, we offer a similar service preparing, negotiating and advising on pre-civil partnership agreements.
Dealing with the breakdown of a relationship where a prenuptial agreement exists
If you are in the process of separating or you are considering a divorce, we can provide the advice and representation you need. If you have a prenuptial agreement or postnuptial agreement in place, we will advise you of the best course of action. This may be asking the court to follow the agreement when it makes a financial order or, if the agreement you signed was not in your best interests, requesting further financial provision on your behalf.
For example, if your circumstances have changed substantially since the agreement was made, perhaps by the birth of children, it may be appropriate for you to have a larger share of the available assets, particularly if you have given up your career to care for them.
We have extensive experience in securing substantial financial awards for our clients during divorce proceedings and we will ensure that you have robust representation.
For more information on our services, see divorce solicitors in Cardiff.
Prenuptial agreement fees
We will provide you with a clear estimate of the costs of a prenuptial agreement at the outset. Our services represent excellent value for money and having the right advice at this stage can often help you avoid expensive difficulties later on.
If you would like a quote for a prenuptial agreement, please contact us and we will be happy to answer your questions.
Our expertise in prenuptial agreements
Our prenuptial agreement solicitors in Cardiff have experience preparing agreements for couples in a range of situations. We provide a bespoke service, ensuring that the arrangements you make exactly suit your circumstances and offer you the protection and support you need for the future.
As family law experts, we hold the Law Society’s Family Law Advanced Accreditation and the Children Law Accreditation. Our team also includes members of Resolution, the family law group for lawyers committed to dealing with issues with minimal conflict.
We are also accredited under the Law Society’s Lexcel scheme in recognition of the high levels of practice management, legal compliance and client care that we provide.
For more information on our services, see family law solicitors in Cardiff.
Speak to our prenuptial agreement solicitors in Cardiff today
If you need help with a prenuptial agreement in Cardiff or the wider South Wales area, contact us today by calling 02921 304307 or send us an enquiry.
