Prenuptial/Pre-civil partnership agreement (pack)

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Use this document to state what should happen to assets should your marriage or civil partnership end. Although prenuptial/pre-civil partnership agreements are not legally enforceable in England, Wales and Northern Ireland, they do carry more weight since the judgement in the Supreme Court case of Radmacher vs Granatino (20 October 2010). This is because they are no longer seen as 'contrary to public policy' - i.e. no longer seen as perversion of justice or harmful to the state and the public. Courts should give effect to such agreements when deciding on settlements. This means that the terms of the agreement should be implemented when certain criteria are met. Some such criteria include that the court must, at the time of the separation, be in a position to find that, the agreement was entered into freely, voluntarily and without undue pressure; both you and your partner fully appreciated its implications and offered full disclosure of all relevant information; both you and your partner intended the agreement to be effective and to govern the financial implications of divorce/dissolution; it would be fair to hold the parties to the agreement at the time of the divorce/dissolution. It is important that each of you take independent legal advice on the agreement before signing it. The agreement is for use when the parties intend to permanently live in England, Wales or Northern Ireland.

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Included in this service:

  • Form AN1 - Application to enter an agreed notice
    Where an option to purchase has been created under the terms of a cohabitation agreement or prenuptial agreement, use this document to make an application to register it with the Land Registry if that property is registered. Please note that you must be the registered owner of the property to complete this form or be the solicitor of the registered owner. Where the property is unregistered, you will need to complete the document 'Form K1 Application for registration of a land charge' instead of this one. Please note that this document can only be used in England & Wales.
  • Form K1 - Application for registration of a land charge
    Where an option to purchase has been created under the terms of a cohabitation agreement or prenuptial agreement, use this document to make an application to register it with the Land Charges Department. You must be the person entitled to the benefit of the option to purchase or his or her solicitor in order to complete this form. This form is only suitable for use where the property is unregistered. If the property is registered, you will need to complete the document 'Form AN1 Application to enter an agreed notice' instead of this one. Please note that this document can only be used in England & Wales.
  • Prenuptial/Pre-civil partnership agreement
    Use this document to state what should happen to assets should your marriage or civil partnership end. Although prenuptial/pre-civil partnership agreements are not legally enforceable in England, Wales and Northern Ireland, they do carry more weight since the judgement in the Supreme Court case of Radmacher vs Granatino (20 October 2010). This is because they are no longer seen as 'contrary to public policy' - i.e. no longer seen as perversion of justice or harmful to the state and the public. Courts should give effect to such agreements when deciding on settlements. This means that the terms of the agreement should be implemented when certain criteria are met. Some such criteria include that the court must, at the time of the separation, be in a position to find that, the agreement was entered into freely, voluntarily and without undue pressure; both you and your partner fully appreciated its implications and offered full disclosure of all relevant information; both you and your partner intended the agreement to be effective and to govern the financial implications of divorce/dissolution; it would be fair to hold the parties to the agreement at the time of the divorce/dissolution. It is important that each of you take independent legal advice on the agreement before signing it. The agreement is for use when the parties intend to permanently live in England, Wales or Northern Ireland.

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