Pre-Nuptial Agreements Solicitors in Newcastle and Sunderland

Pre-Nuptial Agreements were initially used prior to the Married Women's Property Act 1882, to protect the property of women of wealthy families who were thought to be marrying 'bounders' or 'cads' (who would no doubt run off with the money) by transferring their properties to trustees to hold on their behalf. That was obviously considered necessary at the time.

However, now in the 21st century, pre-nuptial agreements have received much press coverage, and are possibly again a sensible option in our current society. The question remains, 'How far are they binding in our Courts?'

Since October 2000, we have incorporated into our laws the Human Rights Act, linking us to European legal precedents in a way that means the European practice of honouring pre-marital agreements will be considered, but not necessarily acted upon by any court looking at such an agreement.

Request a call back

A 2010 Supreme Court test case between the German heiress Katrin Radmarcher and Nicholas Granatino, indicated that such agreements can "in the right case" have decisive weight in a divorce settlement. The case found that for a pre-nuptial agreement to be recognised by the Courts:

Both parties must enter into it of their own free will without undue influence or pressure and be informed of its implications.

It is also important that the document is properly drafted and witnessed.

Why not save time and money by letting us help you prepare fully for your Initial Advice Appointment? Contact us now for further advice.

What Can Emmersons Pre-Nuptial Agreement Solicitors Do For You?

At present, any such contract entered into by a couple is a factor the court can consider when making a financial order on the ending of a marriage/civil partnership. It cannot, however in English Courts, override the court's discretion to make different financial arrangements on divorce/dissolution. But then, there are various steps the parties can take to ensure their premarital agreement is given as much weight as possible, and our divorce solicitors and estate planning solicitors can help you.

The issues

If you would like to consider drawing up a Pre-Nuptial Agreement, our Pre-Nuptial solicitors can advise and assist you, in looking at the following areas.

1. The couple planning to marry/register a civil partnership should:

• Seek their own independent legal advice before entering into the agreement.
• Fully disclose to the other a true picture of their financial means and circumstances, with a summary of such means being attached to the agreement.
• Bear in mind that, on divorce or dissolution, a court looking to review an arrangement will want to see if it leads to a fair division, on a basis of equality and if not, why not?

2. The Pre-Nuptial Agreement should:

• Make clear how any assets each party is taking into the marriage/civil partnership are to be held in future and how they will hold any new assets acquired.
• Address how the equity in the home will be divided and who will occupy it if the relationship breaks down.
• Address how assets are to be divided in the event of the death of either party.
• Be entered into not less than 21 days before the marriage/civil partnership ceremony.

Pre-nuptial agreements are of particular importance to those entering into second marriages who wish to protect their assets and crucial for couples who have already entered into such agreements in other countries where such agreements are enforceable.

Please contact us if you would like more information about making a Pre-Nuptial or pre-civil partnership agreement.

Pre-Nuptial Agreement Solicitors Newcastle:  0191 284 6989

Pre-Nuptial Agreement Solicitors Sunderland: 0191 567 6667

or email us: enquiries@emmersons-solicitors.co.uk

Or complete our Online Enquiry Form and select family law

Our Gosforth Office has wheelchair access, you can be dropped off at our front door and there is free parking on the adjoining streets. You can also park opposite our Sunderland Office on John Street.

---

WHAT OUR CLIENTS SAY...

“I was delighted with the service I received. Your Lawyer was fantastic, and I could not recommend her enough. I had been with an alternative solicitor for many years and had never been advised that I did not need to go to court. She advised me to try mediation, which I did, and how the matter is resolved. I would definitely recommend.”

---

“Your Lawyer was so helpful and compassionate. She has been brilliant! I couldn’t fault her. She has been good to work with. Very straightforward and easy to talk to and she really understood my situation. Overall she has been great. As has Emmersons. I am very pleased with the service. Helaina was lovely, always calling me back and there have been no delays apart from those outside of her control. I would recommend this Family Lawyer and Emmersons to anyone.”
Mrs J M.

---

Download my free Divorce eGuide.

Nine Reasons Why You Should Instruct A Solicitor To Handle Your Divorce (and The Pitfalls of a Do-It-Yourself Divorce)

---

For further information about Prenuptial Agreements ask to speak to our Family Law Department:

Newcastle Expert Divorce Solicitors:  0191 284 6989

Sunderland Expert Divorce Solicitors: 0191 567 6667

or email us: enquiries@emmersons-solicitors.co.uk

Or complete our Online Enquiry Form and select family law

---

Your Family Law and Divorce Experts with offices in Newcastle and Sunderland. Read our latest news and articles and insight.

Emmersons Solicitors invests in award-winning Private Client team

The Business Owner’s Divorce

The Issue of Hidden Poverty

Emmersons Solicitors recognised at inaugural National Family Law Awards

The DIY Divorce Settlement. Do you really need a solicitor to handle your divorce?

The Shock That is No Fault Divorce.

My Husband/Wife Has Thrown Me Out of the House, What Can I Do?

Where Should your Child Live if you are Separated From Their Mother or Father?

How To Protect Your Children After Divorce or Separation

Further Problems With Online Divorces

Domestic Violence: Where's the Proof?

Thinking Outside the Box

Can’t Pay? We’ll Take It Away!

McKenzie Friends

Later Life Divorce

Silver Surfers Divorces. We Ain't Dead Yet

Pre Nuptial Agreements, all the details

Pre Nuptial Agreements, They're all the rage… aren't they?

---