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If you want to talk about arrangements for marriage, then you actually have several choices when it comes to UK family law. You could opt for a pre-nuptial agreement, a post-nuptial agreement, or wait for any actual problems to arise in the marriage and then things can be settled in court when you apply for a court order.
Naturally, it is actually best to create a pre-nuptial agreement at the start if you wish to protect your separate properties and finances from your spouse. This is also true if you anticipate any problems in the long-run that could affect your married relationship. It is best to make any arrangements for marriage early so that things can proceed smoothly just in case the marriage does not work out. A pre-nuptial agreement makes it easier to settle the property and financial affairs portion of separation.
Arrangements for marriage – Children
When making arrangements for marriage, if there are any children involved, then child custody arrangements may also be made. However, do take note that this is always subject to be disputed via an actual case in the family court. This is because the court will always endeavor to protect the child and ensure that proper support and care is given.
If you have a disagreement with your child’s co-parent, whether you are married or not with this person, then you have a family law case on your hands and it is best to seek guidance from an experienced family law solicitor as soon as possible. While this does not actually fall under arrangements for marriage, it is definitely well within the scope of a family lawyer’s expertise. Therefore, if you have a disagreement regarding the residence of the child, persons living with the child, visitation rights, as well as the types of persons the child is exposed to, then you may need to file a case with the family court and apply for a court order.
Of course, this may also be settled more amicably using alternative dispute resolution procedures such as family mediation, collaborative law, or arbitration. It is best to ask your solicitor about these things as the lawyer will have the expertise to determine the best course of action possible in your particular case.
How Legally Binding Are Pre-Nuptial Agreements?
Unlike court orders, arrangements for marriage such as pre-nuptial agreements may be have legal effect as to the determination of the final property rights between two parties who have divorced, but they cannot be taken cognizance of automatically by the court. This means that they are always subject to scrutiny and some or all of their stipulations may be struck down as illegal/invalid at the discretion of the family court. As far as the term “legally binding” goes, pre-nups are not considered as such.
When Are Pre-Nups Upheld Without Question?
The only time that pre-nuptial agreements may be upheld without question is if both parties agree to its terms and conditions. If one party contests the pre-nuptial agreement, then the court must decide upon the matter.
For the very best family law lawyer advice in Milton Keynes get in touch with the family solicitors team today!