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My partner and I are thinking of entering into a pre-nuptial agreement. Can we use the same solicitor?

It is essential that both you and your partner obtain independent legal advice before entering into a pre-nuptial agreement.

If you both choose not to obtain independent legal advice when entering into a pre-nuptial agreement then this could make the agreement unenforceable in court. In the event of a divorce, the courts could then decide to ignore your agreement and decide how to split your assets for you. If you want to have a say in how your assets are split if you get a divorce then you will need to make sure that you enter into a pre-nuptial agreement properly to give it the best chance of being enforceable.

It is also essential that you both fully disclose your assets, as failure to do so could also make your pre-nuptial agreement unenforceable in court.

It is very important to make sure that you do not rush into any kind of pre-nuptial agreement. We recommend that you would need to come and see us to discuss your wishes at least six weeks prior to your marriage date (longer if you have a significant amount of overseas assets) in order to make sure you have enough time for both parties to agree to the pre-nuptial agreement and to minimise the chances of duress being alleged later.

If your partner cannot find a suitable solicitor then we can recommend a list of solicitors for them to use.

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