This is not true in all situations.
A Pre-Nuptial Agreement is a document entered into between two parties before they get married or enter into a civil partnership. The purpose of the document is to set out the agreements reached between the parties for division of property and assets in the unfortunate event of a divorce or dissolution of a civil partnership in the future.
Often Pre-Nuptial Agreements can be helpful for parties who want to ring-fence family wealth or to protect assets that they have built up before getting married or entering into a civil partnership.
Pre-Nuptial Agreements are not currently binding in England and Wales. This means that it is not possible to stop either party making an application to the court at the time of separation for a financial order.
However, when considering an application for financial provision in court proceedings, the court must give appropriate weight to a Pre-nuptial agreement as a relevant circumstance of the case.
A pre-nuptial agreement will have a substantial impact on the judge’s decision in many cases. Previous cases have stated that the court should give effect to a Pre-Nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.
It is important to obtain early legal advice if you are getting married or entering into a civil partnership and wish to protect assets that you have in your name. A solicitor can advise you on the steps that need to be taken to ensure that the Pre-Nuptial agreement has the best chance of being taken into account upon any later separation.
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