In order for a Pre-Marital Agreement to have any standing in a subsequent Divorce it is important that the following guidelines are adhered to: -
Each party should have independent legal advice.
- Full financial disclosure should take place – this means that each Solicitor should be given the complete picture in respect of your assets, income and debts and this information shall subsequently be exchanged between Solicitors.
- Pre Nuptial Agreements should preferably be completed three months before the Wedding. The sooner the better, but if there is a whirlwind courtship or the matter is overlooked, it is best to compete a late Pre Nuptial Agreement than none at all.
- No undue influence should be exerted. If one party is pressured into signing then this is a relevant factor which will be taken into account later if the Marriage fails.