insideKENT Magazine Issue 50 - May 2016 | Page 148

ADVERTISEMENT FEATURE John Wigginton Pre-Nuptial & Post-Nuptial Agreements A pre-nuptial agreement is a legal agreement made between two individuals before their marriage has taken place. A post-nuptial agreement is a legal agreement made between individuals who are already married. These agreements set out how a couple wish their assets to be divided between them if they later separate or divorce. Sometimes these agreements will also detail how couples currently arrange their finances and how they will arrange their finances during the marriage. Essentially the benefit of pre and post-nuptial agreements is to provide clarification, certainty and protection to the parties in the event of their future separation or divorce. Pre and post-nuptial agreements need to be freely entered into with the parties having a full appreciation of the implications of the agreement. The agreement must be fair, with both parties having had the benefit of separate legal advice and having disclosed to each other all material and financial circumstances. What is the effect of pre and post-nuptial agreements? These agreements do not automatically oust the future jurisdiction of a divorce court. This means that the court is not automatically obliged to uphold its terms. It remains the court’s task at the time of divorce to consider whether the parties’ financial arrangements are fair. However, these agreements can be very persuasive and the court will generally take such agreements into account. These agreements are of assistance to clients who have acquired assets prior to their marriage whether by their own endeavors or perhaps by inheritance prior to their marriage, and which they wish to ensure do not form part of the marital assets on divorce. If you need a pre-nuptial or post-nuptial agreement drafted, please contact John Wigginton. John Wigginton is a Head of the Family Department at T G Baynes Solicitors, he has over 30 years experience in Family Law and is a member of Resolution. He has extensive experience in pre-nuptial and post-nuptial agreements as well as specialising in financial resolutions in divorce and separation of couples with significant assets. John can be contacted directly by email on [email protected] or called on 01322 295546. Considering a pre-nuptial agreement may be of particular interest to clients who are remarrying and wish to protect and preserve assets from their previous marriage, Founded in 1895, T G Baynes is one of the largest firms of solicitors in Kent and South East London and features in 'The Legal 500', as one of the top 500 law firms in England and Wales. With solicitors' offices in Bexleyheath, Dartford and Orpington, their catchment area for legal services extends across South East London, Kent and the Thames Gateway. T G Baynes Solicitors offers an extensive range of legal services for both individuals and businesses. Please visit www.tgbaynes.com for further information. 148