A regular enquiry that we receive relates to the co-ownership of property. This is an update to the options available.
We are specialists in this field, often acting for high net worth individuals who are the wealthier party and wish to protect their assets in the event of divorce.
Pretty impressive outfit. They have strength and depth.Chambers UK 2016
Increasingly, pre and post-nuptial agreements are being considered by those who have previously experienced family breakdown and would rather protect their position at the outset of a new relationship, rather than just those with significant wealth. Also, sometimes when wealthy parents are making gifts to their children they will make the gift conditional upon the preparation and execution of a pre or post nuptial agreement in an attempt to ensure that the wealth remains in the family.
A pre-nuptial agreement is an agreement entered into preferably in good time before a marriage which sets out how assets will be divided on divorce or dissolution. A post-nuptial agreement is an agreement entered into during a marriage or civil partnership which sets out how assets will be divided on divorce or dissolution. So the main difference between the two is the time at which they are entered into.
Due to recent case law, we are confident that if such agreements are entered into certain steps having been taken, provided they dictate a fair division of the assets and there have been no significant changes in their family circumstances, such agreements will be upheld by the court in the event of divorce or dissolution.
We often draft such agreements on a fixed fee basis if clients prefer this as opposed to a time spent basis.
Furthermore, we also act for parties to such agreements wishing not to be held to its terms, where they feel the agreement was unfair or the circumstances the agreement were entered into were unfair. As we are indeed specialists in this area, we are proud of our success-rate in dealing with such cases.
For further information about this type of work, see do read the following blogs:
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