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In recent years we have seen an increasing demand for prenuptial and postnuptial agreements. Military clients with AFCS or civil damages are increasingly asking for advice following some well publicised military divorce cases.

Traditionally prenuptial agreements have been considered unromantic. But in modern times, many people consider them to be an essential part of their wealth management. Prenuptial agreements are particularly popular for people entering into second marriages or for people when they have had children from previous relationships. Many couples have their own businesses and wish to keep them separate during the course of their marriage.

People now consider that taking control of their finances by entering into a prenuptial agreement is a pragmatic and sensible way to enter marriage, to make sure that in the sad event that the marriage does not survive, there is no uncertainty about the division of their assets especially those that were accrued prior to the marriage.

It is essential if considering a prenuptial agreement that parties make the decision to enter into one well in advance of any wedding. Also it is important that each party appoints their own solicitor to advise them on the contents of the prenuptial agreement and the drafting of the same. It is essential that solicitors are involved for the Court to give credibility to a prenuptial agreement. It is helpful for couples if they have thought out in advance what they want to achieve and how they want to achieve it. Solicitors can help couples to be extremely creative and constructive in the way that prenuptial agreements are put together so that they not only provide protection in the event of separation but set clear foundations for how the couple will run finances moving forward.

Our Bristol team are extremely familiar with the issues involved for couples in their financial planning and particularly in relation to prenuptial and postnuptial agreements.

Nicola leads the Irwin Mitchell Family Law team in Bristol. She has been a family law specialist for over 20 years, with extensive experience in both the financial implications and Children Act litigation that can arise out of a relationship breakdown. She is also collaboratively trained and has built up a substantial practice in this alternative way to resolve the issues faced on separation

Published: 18 July 2017

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Nicola Walker

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