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PRE NUPTIAL AGREEMENTS - THE ANSWERS TO YOUR QUESTIONS

What is a pre-nuptial agreement?

A pre-nuptial agreement is an agreement between a couple in anticipation of their marriage, which deals with how their resources are to be treated in the event of divorce.

Why should I have one?

Marriage is as much a legal arrangement as it is an emotional commitment and as such, has potentially far reaching consequences should the unforeseeable happen. Good planning always helps to prevent problems.

Aren't they just for the rich and famous?

No. Many people are now seeing the financial advantage of pre-nuptial agreements by protecting assets of whatever value including equity in property owned prior to their marriage.

I'm interested, but it's difficult to raise the subject with my intended

Any awkwardness about raising the issue with your prospective husband or wife is perfectly understandable. However, just because you have a will does not mean that you are planning to need it imminently - it is a safety measure. The ability to raise the subject of a pre-nuptial agreement can be an indication of the health of a relationship.

Are pre-nuptial agreements water tight?

No, but they are being given increasing recognition by the courts in divorce cases. It is likely that as time goes on, greater weight will be attached to them to the extent that if you do not have one, you are leaving yourself exposed.

What about civil partnerships?

Termed pre-partnership agreements, they are equally important and relevant to civil partnerships.

Points to remember if you are going to make a pre-nuptial agreement:

• They should be signed at least 21 days before your wedding day

• Each of you must give full and frank disclosure of your financial circumstances

• Each of you need to be separately and independently advised by different solicitors