11 March 2015
What’s the Difference Between a Pre-nup and Post-nup?
You may have heard of a pre-nup, but what do you know about post-nuptial agreements and how these differ?
A pre-nup (pre-nuptial agreement) also called a pre-marital agreement is an arrangement that a couple may enter into before they get married which sets out how they would want their financial arrangements to be resolved in the event that the marriage breaks down.
A post-nup (post-nuptial agreement), or post-marital agreement, is intended to do the same as a pre-nuptial agreement but is entered into after a couple marry.
Historically pre-nup and post-nup agreements had carried different weight before the Court. In the landmark case of Radmacher in 2010 the Supreme Court confirmed that the Courts' approach to them should be the same.
The case involved a German heiress said to be worth £100 million who sought to rely on a pre-nuptial agreement to limit the claims of her husband. The Supreme Court, the highest court in this country, stated, “The court should give effect to a 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.”
While Pre-Nuptial Agreements and Post-Nuptial Agreements are not automatically enforceable, this judgement means that if they are entered into properly then the courts will uphold the terms.
Nobody likes to think that their marriage may break down. Entering into a pre-nup or post-nup can, however, mean matters are more easily resolved should the unfortunate happen. It can enable a more amicable separation and avoid considerable legal and emotional cost.
Slater and Gordon Lawyers UK offer flexible pricing and fixed price Pre-Nuptial and Post-Nuptial Agreements and fixed fee Family Law services.
For an initial consultation about a Pre-Nuptial Agreement call the Family Solicitors at Slater and Gordon Lawyers on freephone 0800 916 9055 or contact us online and we will call you.
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