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Latest News from Susan Clark Solicitor - Agreements

Dealing with divorce and financial issues, arbitration, separation agreements, civil partnerships breakdowns, unmarried partner disputes, living together agreements, issues surrounding children, pre-nupital agreements, domestic violence issues.

Pre-Nuptial agreements

Pre-Nuptial agreements

Apparently 1 in 10 married people regret not making a pre nuptial agreement. This was a new survey commissioned by a Liverpool law firm. It is certainly my experience that many people wish they had had a pre-nuptial agreement when their marriage comes to an end, particularly if their marriage is short and childless.

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When do I discuss a pre-nup?

Pre-Nuptial Agreements

It is a good idea to bring up the subject of entering into a pre-nuptial agreement as soon as possible. Do not leave it too close to the date of the marriage because this can give rise to allegations of duress. You should not make the marriage conditional on the pre-nuptial agreement being entered into. Before you raise the issue of a pre-nup it is a good idea to introduce the topic as part of a general conversation to see what your partner’s reaction is.

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Buying a property jointly with your partner

Declaration of Trust and Co-habitation Agreements

If you are buying a property jointly with your partner and the financial contributions to the purchase price are unequal it is very important that that is recorded from the start of the transaction. The current state of the law is that if a property is purchased as joint owners then it is assumed that on the sale of the property the proceeds will be divided equally between the parties.

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How much weight do Pre-Nuptial Agreements carry?

Pre-Nuptial Agreements

There is now much more weight given to pre-nuptial agreements which previously were thought to be against public policy and not binding in England and Wales. A pre-nuptial agreement is an agreement entered into before marriage to set out what is to happen to assets built up during the marriage and often is used to protect assets bought into the marriage by either party. However, it does need to be noted that they are not currently absolutely binding but are very persuasive to any Judge in a divorce where agreement cannot be reached.

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Should I arrange a Pre-Nuptial Agreement to protect my assets during marriage?

Pre-Nuptial Agreements

If you are wealthy and wish to protect your assets from the claim of a partner in the event of a relationship breakdown then it is better not to marry! However, if you do wish to marry your partner and protect your assets it is possible to enter into a pre-nuptial agreement. Pre-nuptial agreements are still not binding in the true sense of the word but are a very significant factor that the court would take into account if the marriage breaks down. A court will give effect to a pre-nuptial agreement which is freely entered into by each party with a full appreciation of its implications, unless there are circumstances where it would not be fair to hold the parties to the agreement.

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