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PRE-NUPSwhy are they useful?
Thursday, 3 April 2014
WHAT DO THEY DO?
Protect your premarital assets such as a family business
Protect you from your spouse’s debts
Determine property distribution upon divorce
Provide for children
Define your and your spouse’s roles and responsibilities in the marriage
Thursday, 3 April 2014
PRE-NUPS ARE PERFECT FOR...
Individuals from wealthy families looking to preserve family assets
Individuals who received large inheritance before marriage
Individuals who built their businesses before marriage
Accomplished professionals with pre-marital assets
Couples in which one partner is a stay-at-home parent
Thursday, 3 April 2014
WHAT MAKES A VALID PRE-NUP?
It must be a valid contract
Proper execution
Each party needs to get independent legal advice
Parties need to disclose their assets
Consider the interests of children
Thursday, 3 April 2014
IS EVERY PRE-NUP VALID?
NO!
Thursday, 3 April 2014
PROVISIONS WHICH WILL INVALIDATE YOUR PRENUP - COMMON MISTAKES
Anything illegal
Duress - if one spouse puts unreasonable pressure on another
Signing too soon before the wedding
Unreasonably unbalanced provisions
Ambiguity or oral provisions
No provisions for children’s welfare
Thursday, 3 April 2014
BUT WHAT IF I DON’T HAVE A PRE-NUP?
You are not doomed!
In its recent report “Matrimonial Property, Needs and Agreements” the Law Commission recommends that courts make orders that take into account:
choices made within the marriage;
the length of marriage;
the marital standard of living;
the parties’ expectations of a home; and
their continuing shared responsibilities.
Thursday, 3 April 2014
Thursday, 3 April 2014
IT IS ESSENTIAL THAT YOU CONSULT A SOLICITOR IF YOU WANT TO HAVE A VALID
PRE-NUP.
A H CHRISTIE LEGAL WILL ADVICE YOU ON YOUR OPTIONS AND DRAFT A TAILORED PRE-NUP WHICH WILL PROTECT YOUR
ASSETS.
Thursday, 3 April 2014
A H CHRISTIE LEGAL LLP
Call us at 020 7565 2000 or email [email protected]
Visit our website at www.ahchristielegalllp.co.uk
Follow us on social media @ #ahchristie
Disclaimer: This presentations does not constitute legal advice
and nothing in it should be so construed.
Thursday, 3 April 2014
