How To Avoid The Pitfalls When Making A Uk Prenuptial Agreement

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Prenuptial agreements in the UK are designed to help soon-to-be married couples avoid legal traps - yet they present pitfalls of their own which you need to be in the know to avoid.

The biggest problem you may face is where a UK court will ignore your pre-nup wishes if you fall outside of these requirements.

For example, any prenuptial agreement (or prenup as it is often known) will probably not be enforceable in the UK if it can be shown that one or other of the parties did not get independent legal advice. This would kick in where one party suffers as they did not take legal advice when putting together the conditions of the prenup. Ideally UK courts want to see that both parties have been separately represented by an independent solicitor with experience of prenuptial agreements. Should either have been misrepresented - or not represented at all - the potential agreement will not be worth the paper it is written on and will therefore be discarded.

Also a UK prenuptial agreement will be challenged should either party not make a full and proper disclosure of his or her financial assets at the time it was entered into. The requires all your assets to be disclosed and where relevant included. An exception to this was demonstrated in the Crossley v Crossley case where the court decided that an in depth diclosure was not necesary where there has only been a short marriage and both parties were quite weathly.

Considering the potential pitfalls, it is advisable that you allow good time for your prenuptial agreement to be made. Ideally you should be looking for the contract to have been implemented by your solicitor at least a month or so before your wedding. If your prenup is created the moment before the wedding this could raise suspicions of duress which could be brought up later on.

Should you even consider delaying the date of your wedding in order to conclude a satisfactory agreement? The answer could be 'yes; if those issues which have arisen are crucial to you. Bear in mind that the actual process or drawing up a valid prenuptial agreement can take a week or very possibly longer where more complex issues are at stake.

When deciding if to use a prenup you must look from the perspective of it potentially saving you lots of stress and money during a divorce. The case involving Karen Radmacher showed that the UK courts will acknowledge the contents of a prenuptial agreement when dealing with divorce.

About the Author:
Bonallack & Bishop are solicitors whom specialise in making a UK Prenuptial Agreement. If you want further information then contact a UK Prenup Solicitor today. Senior Partner, Tim Bishop is responsible for all major strategic decisions. The firm has grown by 1000% in 13 years and Tim sees himself as a businessman who owns a law firm.



Article Originally Published On: http://www.articlesnatch.com


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