FAMILY & RELATIONSHIP LAW
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Pre-nuptial Agreements FAQs
What is a Post-nuptial Agreement?
What is the difference between a Post-nuptial Agreement and Pre-nuptial Agreement?
Post-nuptial and Pre-nuptial Agreements are very similar in function as they aim to set out the ultimate division of assets in the event of a split. The difference is the timing of when they are signed. A Post-nuptial Agreement is essential after the couple are married or go into a civil partnership whereas a Pre-nuptial Agreement is created before the marriage or civil partnership.
What can be included in a post-nuptial agreement?
A post-nuptial agreement can cover various issues, such as how assets would be divided, whether maintenance payments would be made, and how debts would be allocated.
When should a couple consider a post-nuptial agreement?
A couple may consider a post-nuptial agreement if they have acquired significant assets during their marriage, or if they want to protect assets that they brought into the marriage.
Can a post-nuptial agreement be modified?
Yes, a post-nuptial agreement can be modified if both parties agree to the changes. However, any modifications should be made with the assistance of a solicitor.
Do both parties need to be represented by a solicitor when signing a post-nuptial agreement?
No, both parties do not need to be represented by a solicitor when signing a post-nuptial agreement. However, it is advisable to seek legal advice to ensure that the agreement is fair and reasonable.
Can a post-nuptial agreement be challenged in court?
Yes, a post-nuptial agreement can be challenged in court if one party believes that it is unfair or was signed under duress.
How much does a post-nuptial agreement cost?
The cost of a post-nuptial agreement can vary depending on its complexity and the amount of legal advice required. However, it is important to note that a post-nuptial agreement can be a significant investment in protecting a couple’s assets.
Is a post-nuptial agreement right for everyone?
No, a post-nuptial agreement is not right for everyone. It is a personal decision that should be made with the advice of a qualified solicitor.
Can a post-nuptial agreement be used to avoid paying maintenance?
No, a post-nuptial agreement cannot be used to avoid paying maintenance. A court will always consider the best interests of any children involved in a divorce and may order maintenance payments regardless of the terms of the agreement.
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