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Protection of a pre-nuptial agreement

01 November 2010

In this case, our client and his partner were in their early sixties and had been content to cohabit until they discovered that his substantial pension benefits would die with him. Under the terms of his pension only a spouse would be eligible to receive the pension in the event of his death and not a cohabitant. Our client and his partner had both been through difficult divorces in their first marriages and had children from these marriages that they wanted to ensure would inherit from them. Providing them with a pre nuptial agreement meant that they were able to record the financial arrangements of their marriage and make it clear that they would not benefit financially from each other in the event of the marriage breaking down. This was combined with new Wills confirming how their estates should pass in the event of death.