What if my partner tries to hide money in our divorce proceedings?
Sarah French | 05.09.2019
It is important for any marriage that you have the best advice on how to arrange your financial affairs, in case your relationship unfortunately breaks down. Pre- and post-marital agreements can provide clarity and reassurance, by defining your financial arrangements if your marriage is unsuccessful.
The equivalent of a pre- marital agreement for a civil partnership is known as a pre-registration agreement.
If you enter into a pre-marital agreement (sometimes called a ‘prenup’), then you get to decide what happens to your assets, rather than the courts, if your marriage ends in divorce. Pre-marital agreements can be particularly important where there is an imbalance of wealth, where one of you wants to safeguard inherited or other family wealth, and if you have assets you want to pass on to children from a previous marriage.
Post-marital agreements are entered into after a marriage and typically contain similar information to a pre-marital agreement. The purpose of both types of document is to achieve financial certainty for you, and protect your personal wealth, should the marriage fail.
Pre-marital and post-marital agreements are not currently legally binding, but they can influence a court’s decision about how your assets should be distributed. The agreement is much more likely to be recognised if it has been drawn up by solicitor and is capable of withstanding a legal challenge in a divorce court.
We have extensive experience of helping to protect our clients’ wealth following relationship breakdowns, and we understand what influences the courts’ decisions. Consequently, we can produce a pre-marital or post-marital agreement that, whilst it’s fair and agreed by both parties, is also robust and effective at protecting your interests.
We constantly keep up to date with the frequent changes in the law in this area, so we will ensure your agreement is written to satisfy the latest legislation.