Glynis Wright & Co Family Solicitors & Mediators

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    • Careers at Glynis Wright & Co
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    • Divorce
    • Divorce Settlements
    • Children in Divorce
    • Prenuptial Agreements
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    • Cohabitation Break Up
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Prenuptial Agreements

prenuptial agreements leicesterIn many parts of Europe, prenuptial agreements [pre-nups] and post nuptial agreements [post-nups] are held to be legally enforceable in divorce cases provided that both parties received sound legal advice and signed up to the nuptial agreement without being coerced or bullied into doing so.

prenuptial agreements leicesterIn the UK, it has been very different. Prenuptial agreements and post nuptial agreements have been set aside by the family court when deciding how to settle marital income, capital or pensions upon divorce. It is left to the discretion of the court to decide what is appropriate and whether the terms of a prenuptial agreement or post nuptial agreement should be upheld or not. However, since the important leading case of Radmacher v Granatino and in particular in the light of the latest recommendations from the Law Commission, it is now clear that if certain formalities have been met at the time the nuptial agreement is drafted and executed, a court is likely to find that the agreement is binding on the parties or presumptively valid.

prenuptial agreements leicesterThere will still be a discretion on the part of the court but this will be where the formalities of independent legal advice and disclosure have not been met or where the agreement creates some clear injustice (for example, where children have been born to the marriage and there needs to be some form of financial provision for them not dealt with in the nuptial agreement).

prenuptial agreements leicesterFor this reason, many people in the UK who may be worried about what will happen to their income or assets if their marriage fails have decided that prenups or post nuptial agreements are worthwhile and are instructing their lawyers to draft the agreements. It is true that prenuptial agreements or post nuptial agreements still cannot be absolutely guaranteed, but it is also true that the case law is much more robust now in determining that a nuptial agreement is valid unless there is a very serious reason why it should be set aside as invalid. If you are concerned about protecting wealth on marriage, it is better to have a nuptial agreement in place than not to have anything at all even if there can be no absolute guarantee that all of the provisions of the nuptial agreement will be upheld by the court.

prenuptial agreements leicesterThe most important thing is to get proper legal guidance from a specialist firm such as Leicester based Glynis Wright & Co where all of the lawyers have expertise in the area of prenuptial agreements [pre-nups], post nuptial agreements (or QNups to coin the phrase put forward by the Law Commission meaning Qualifying Nuptial Agreements). It is harder to challenge the validity of a nuptial agreement if the proper formalities have been met and the team at Glynis Wright & Co can guide you as to what is required so that if the prenuptial agreement or post nuptial agreement is ever challenged in court, it will be difficult for the other party to succeed in having the agreement set aside.

pre-nups leicesterTo be even more certain, agreements should be reviewed regularly and particularly in the event that a significant change occurs such as the birth of a child to the marriage. If regular reviews of the nuptial agreement are undertaken to ensure that it is up to date, then it is even more likely the family court will give weight to the terms of the agreement in determining what any final divorce settlement should be.

prenuptial agreements leicester

pre-nups leicesterPrenuptial Agreements Leicester, Post Nups & QNups

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What people say about us…

Testimonial for Glynis

I went to family lawyer Glynis Wright when my long term relationship dissolved. The financial settlement was non standard so Glynis` ability to handle the situation allowed me to move overseas with peace of mind.  

Testimonial for Gayle

Gayle was very hard working and soon picked up the pieces half way through my very complicated divorce case, she was very thorough and i was delighted at the outcome.    

Testimonial for Glynis

Divorce is one of the most painful experiences anyone can face. But the recommendation to use family lawyer Glynis Wright was quite honestly the shrewdest decision of my life.

Mr P
Somerset

Testimonial for Glynis

Many many thanks to Glynis for all her help and support which far exceeded any professional expectations. It was a good day when I came to see Glynis.

Mrs M
Leicester

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Glynis Wright & Co AwardsIf you want highly qualified specialist lawyer/mediators, you have come to the right place! Family law is all we do!

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As we continue to grow we’re on the lookout for highly motivated, loyal and conscientious individuals to join the team.

Interested? Please enquire or send in your CV here 

Our Blog – Latest Posts

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Lawyers working within the family law sector have waited with bated breath for the outcome … Read more...

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Call Us Today: 0116 2385680

If you want highly qualified specialist lawyer/mediators, you have come to the right place! Family law is all we do!

Call us for an appointment on 0116 2385680 or complete the contact form.
Based in Leicester and covering Uppingham, Oakham & Melton Mowbray.

This firm is authorised and regulated by the Solicitors Regulation Authority SRA ID 566575
Glynis Wright Ltd Reg Co No 07573753

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© 2018 Glynis Wright & Co - Family Solicitors & Mediators - Covering Leicester, Melton Mowbray, Uppingham, Oakham & Stamford


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