Legal Question of The Week 28/09/2018
I am getting married for a second time and want to protect my assets in case it all goes wrong. What can I do?
It’s a good idea when you have assets to protect to consider entering into a pre nuptial agreement.
The English legal system does not yet regard such agreements as binding but they can offer strong evidence to a court in the event the marriage breaks down that they should applied.
Key requirements are:
• Don’t leave your agreement to the last minute. Do complete it well before the wedding - allow at least a couple of months to get the job done.
• Don’t leave the outcome to chance. Do invest in instructing a specialist family law expert to prepare and advise you on the agreement.
• Don’t assume it isn’t worthwhile or your fiancé will oppose it. Do talk about it and consider using collaborative family lawyers to help you agree what the law is and what would be fair.
• Don’t rely on “what you don’t know you wont find out”. Do be open and honest when entering into marriage as this is also required in the event of marriage breakdown.
• Full disclosure of financial resources and circumstances relevant to the needs of each person and any children must be shared.
For more help with this issue you can contact Dawn here.
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