25th Feb 2020

Understanding Pre-Nups

In this week’s episode of The Split, we see Hannah (Nicola Walker) meet with a wealthy Mother whose son had married against her wishes sought to annul the marriage. Her aim? To protect the family business from any claims by his new husband.     

Quite rightly Hannah explained that this would not be possible in the circumstances and the best way to protect her son’s inheritance would be with a Post-Nuptial Agreement.  She did make it clear that both parties would need independent legal advice. Otherwise the agreement is likely to rendered invalid.

The Mother’s response was unequivocal – she felt that a Post-Nup had ‘all the legal integrity of an Amazon wish list’. But is this really the case?

Understanding Post-Nups

A Post-Nuptial Agreement is very similar to a Pre-Nuptial Agreement. The difference is that a Post-Nup is entered into after the wedding has taken place, while a Pre- Nuptial Agreement I entered into before the marriage (ideally at least 6 weeks before) The agreement can set out what each party has brought into the marriage and what should happen in the event of marriage breaking down.

Using the case set out on The Split, that could indeed mean setting out that certain assets such as businesses and inheritance should be ‘excluded from division’ in the event of separation.

But Pre and Post-Nuptial Agreements are not just for families with significant business interests. They may be appropriate if one party comes into the marriage with separate property or savings, where it is a second marriage or perhaps if one spouse has a higher income than the other.

If you wish to know more about Pre or Post-Nuptial Agreements and whether they are right for you, contact Berwins Family Team on 01423 509000. 

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