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In England, a prenuptial agreement is a pre-marriage contract that sets out, in plain terms, how assets, income and responsibilities would be treated on divorce or in the event of death. A solicitor drafts and negotiates the terms, checks full financial disclosure, and ensures the agreement is properly executed so it may be given weight by the family courts. The work also covers advising on the likely influence of case law and ensuring the document remains robust if circumstances change.
A prenuptial agreement provides a clear plan for asset sharing and maintenance, and, with proper disclosure and fair dealing, can influence court thinking on separation. The solicitor’s role includes managing disclosure, ensuring enforceable terms where possible, and guiding the client through the potential consequences of agreement terms in divorce or death.
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