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.
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