Practical Considerations & When They Are Most Useful

In my experience, I’ve dealt with nuptial agreements in a variety of circumstances, including situations such as:

• One party has sought to protect their family business

• Both parties are on an equal footing in relation to their finances, but the position for one could change in the future

• Already married, but one party is wanting to protect an anticipated windfall

• Second marriages

• Where there’s a significant difference in the parties financial circumstances from the very outset

In my view, the most important aspect for these types of agreement is for a couple to be upfront with one another in terms of why they wish to enter into one and to have discussions at a very early stage. Don’t leave it until the last minute.

The agreement requires financial disclosure by both and the couple should allow at least several months or more to have their discussions, which may change over time before the agreement can be finalised. Both need their own independent legal advice and it’s sensible to obtain this early on.

I’ve often worked collaboratively with the lawyer for the other party to finalise the agreement, which works well for both parties. My clients have always felt very reassured once the agreement is in place that it provides them with the peace of mind they were after and they can then look forward to their big day, or indeed continuing in a very loving, caring and honest marriage.

This provides an overview of when nuptial agreements may be most useful and the practical steps involved in putting one in place. Taking early advice and approaching the process openly can make a significant difference to how effective the agreement will be.

Are you considering whether a nuptial agreement is right for your circumstances? Elizabeth Stocker is a consultant solicitor specialising in family law and nuptial agreements. She can guide you through the process and help ensure everything is properly considered. Get in touch for a confidential discussion.