Premarital Agreements
Nuptial agreements continue to grow in popularity and are a sensible consideration to determine how assets are shared should you separate, divorce or dissolve your civil partnership. Whether you are planning your wedding or already married we will work with you to prepare an agreement that will reduce financial and emotional stress should your relationship breakdown and if you have children, ensure that they are provided for.
Nuptial agreements are also a very important part of financial planning, should you wish to pass assets to your children, protect pre-acquired assets and businesses and/or have or are about to receive assets by gift or inheritance.
Whilst these agreements are not binding as such on the divorce courts, they will be upheld if they are considered fair and reasonable in the prevailing circumstances.
How we can help
At Hay & Kilner, we offer expert guidance in creating premarital agreements that provide clarity and peace of mind for both you and your partner. Our experienced family law team delivers personalised advice, crafting legally binding agreements tailored to your unique needs and ensuring all essential aspects are comprehensively covered. We handle each case with sensitivity and confidentiality, aiming to make the process smooth and stress-free, so you can confidently plan for your future together.
If a wedding proposal included terms and conditions would you say I do? While it may not seem very romantic, protecting your personal and business assets, clearly understanding yours and your partners financial requirements for spousal support and debt allocation, is an important step for any married couple. That’s where the legal experts at Hay & Kilner can guide partners through protecting their rights and interests with a prenuptial agreement.
Premarital agreements with Hay & Kilner
Creating a premarital agreement for you and your partner using the skills and expertise of the Hay & Kilner team, ensures a secure foundation for your marriage, helping to protect your assets and clarify financial arrangements.
Our skilled team, including Kerry Kelso, Louisa Bedford, Fiona Ryans, Anna Curphey, Kayleigh Bell, Kate Garett, Alice Holman and Amy Jones, specialise in drafting agreements that are fair and equitable, ensuring both parties' interests are represented.
We prioritise open communication and transparency, guiding you through each step with expert legal insight and tailored support. Whether you're planning your first marriage or safeguarding assets in a subsequent one, we're here to help you build a strong, confident future together.
What is a prenup?
A premarital agreement, commonly known as a prenup, is a legal contract entered into by a couple before marriage. This agreement outlines the division of assets, debts, and financial responsibilities in the event of a divorce or separation. It provides both parties with clarity and protection, ensuring that there is a clear understanding of their financial rights and obligations.
Why consider a prenuptial agreement?
Asset protection: A prenuptial agreement helps protect personal assets, businesses, and inheritances, ensuring they remain yours regardless of what the future holds.
Debt allocation: It can define responsibility for debts accrued before and during the marriage, preventing one spouse from being burdened with the other's financial liabilities.
Clarity and transparency: By discussing and agreeing upon financial matters upfront, couples can prevent misunderstandings and conflicts down the line.
For more information on why you may wish to consider a prenuptial agreement, take a look at our guide to the benefits of a premarital agreement.
Why should I consult a prenuptial agreement lawyer?
Consulting a prenuptial agreement lawyer is essential for several reasons:
Expert legal guidance: A premarital agreement lawyer specialises in family law and has the expertise to draft a legally sound and enforceable agreement. They ensure that the contract meets all legal requirements, protecting your rights and interests.
Customisation and clarity: Every couple's situation is unique. A family lawyer can tailor the agreement to address specific concerns, such as asset protection, debt allocation, and spousal support. They help ensure that both parties have a clear understanding of the terms, reducing the likelihood of disputes in the future.
Neutral and objective perspective: A lawyer provides an objective perspective, helping you and your partner negotiate terms fairly. They can offer impartial advice and mediate any disagreements, facilitating a cooperative process.
Avoiding legal pitfalls: Without legal expertise, there's a risk of including unenforceable provisions or overlooking important legal considerations. A family lawyer can identify potential issues and ensure the agreement is comprehensive and legally binding.
Peace of mind: Having a family lawyer guide you through the process gives you confidence that the agreement is properly drafted and will stand up in court if necessary. This peace of mind allows you to enter your marriage with a clear and mutually agreed-upon financial understanding.
To find out more and to speak to our team of experienced family lawyers who can provide expert legal guidance on prenuptial agreements, get in touch today.
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