For the marriage contract to carry weight in future divorce proceedings, the contract must be prepared well in front of the date of your marriage and you both need legal advice on the content of the marriage contract document. In your situation, it can also create jurisdictional issues. Marital and post-marital contracts stop or limit financial rights when a couple separates after marriage. In the absence of a family agreement, a spouse is entitled to a spousal pension, cash, property, business and annuities. A conjugal or successive contract can stop either all claims or some of these claims. The agreement may define the financial provision specifies that a spouse receives in the event of separation or divorce, or limit his or her financial rights. A post-marital contract can both address the current circumstances of the marriage and foresee foreseeable changes in the future, such as the influx of children into the family. He can make arrangements regarding what would happen with a house, other real estate, bank accounts and savings, pensions, business interests, and can also take precautions for income either through alimony or, conversely, clearly indicate whether a “clean break” is planned, rejecting future alimony rights. A Postnup can also be considered if you have had difficulties in your relationship since your marriage and want to make sure that your future financial agreements will be settled and agreed. If either of you is not a UK citizen, you can still sign a marriage or inheritance contract in the UK, but you need advice on whether it is in your best interest to do so or to choose an alternative court. A family lawyer can help you establish a marriage contract, especially if your financial circumstances are complex.
Regarding post-marital agreements, Baroness Hale said: “It is important that you and your spouse or partner call an independent lawyer to help develop your post-marital contract. Normally, you should use different law firms to avoid any conflict of interest. We are here to give you an initial consultation, and then we can help you create an additional contract that satisfies both you and your partner. We usually offer this service on a flat fee basis, so call us now on 01935 823883 to discuss how we can help you. Post-marital agreements help couples give more security about how property is distributed when they separate or divorce. This clarity can be beneficial, especially if you`ve been married before and have children from a previous relationship. Our national family law team has extensive experience in advising and developing pre-nups and post-nups, even in the most complex and high-end cases. After a pioneering case called Radmacher v Granatino in 2010, the law is now clear. When marital agreements are concluded freely and with an adequate understanding of their consequences and, above all, are not manifestly unfair to one of the couples, they are maintained when challenged in court.
However, there is no time limit for a post-up. You can do this at any time after your wedding. Whether we advise her husband or wife to protect their property or the financially weaker party, we understand how to apply these principles to achieve the right result. The most recent examples of agreements in which we have been involved are as follows: the court has a wide margin of appreciation to make such financial allocations as it deems fair in the circumstances of a given case, referring to a range of factors. For example, how long the marriage lasted, the age of the parties up to the extent of the financial property, and the contributions that both parties made to the marriage. The existence of an additional contract is only one factor that the Tribunal must take into account, but such agreements are particularly important if they are formulated correctly and in the right circumstances.. . .