- Birchington
01843 842356 - Broadstairs
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01227 207000 - Margate
01843 234000 - Ramsgate
01843 595990
Post -Nuptial Agreements
For couples who are already married, particularly those with children, drawing up a post-nuptial agreement, which is agreed upon by both as being a fair statement of their wishes, can prevent a lot of potentially harmful stress in the event that the relationship turns sour.
To be binding a post-nuptial agreement must be seen to be fair. When considering whether to enforce a post-nuptial agreement, the court has regard to:
- the conduct of the parties leading up to the agreement;
- the circumstances surrounding the making of the agreement;
- whether there was undue pressure by one side or exploitation of a dominant position to secure an unreasonable advantage; and
- the interdependence and mutual influence that existed between the parties.
- cases must be managed effectively and summonses must be issued in good time to allow the court to provide direction;
- serious allegations must be backed up by powerful evidence;
- when the validity of an agreement is challenged, the solicitors involved in its preparation and signing should stand aside in favour of new advisors; and
- there must be more cooperation between counsel outside court to avoid delay.
For sound advice on drawing up either pre or post nuptial agreements please contact Jonathan Da Costa.