Glynis Wright & Co Family Solicitors & Mediators

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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 ours where all of ours lawyers have expertise in the area of prenuptial agreements, 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 our team 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.

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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.

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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.  

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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.

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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.    

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Nelsons Solicitors Limited is a limited company registered in England and Wales (Reg No: 07219010) and a wholly owned subsidiary of Nelsonslaw LLP, a limited liability partnership registered in England and Wales (Reg No: OC335458). Their registered offices are at Pennine House, 8 Stanford Street, Nottingham, NG1 7BQ. A list of members of Nelsonslaw LLP may be inspected at the registered office. Nelsons Solicitors Limited and Nelsonslaw LLP are authorised and regulated by the Solicitors Regulation Authority. Nelsons Solicitors Limited is authorised and regulated by the Financial Conduct Authority. Our notaries are regulated by the Faculty Office. Nelsons Solicitors Limited's VAT No is 385 184 329. We use the word "partner" to refer to a member of Nelsonslaw LLP and/or a director of Nelsons Solicitors Limited and its use in connection with the business of Nelsons Solicitors Limited should not be construed as an indication that any member or director carries on business in partnership with any other member or director within the meaning of the Partnership Act 1890.

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