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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Is it possible to create a legally binding agreement between

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Is it possible to create a legally binding agreement between a husband and wife. for example the husband wishes to put in writing that all financial wealth (assests) be divided 50-50 in the event of a future divorce for whatever reason.
Hi, thank you for your question. If the parties are yet to be married they can enter into a pre-nuptial agreement and if they are married they can enter into a post-nuptial agreement.At this time, English courts will consider such agreements in the event of a divorce and there is no way under current English law to have a 100% binding agreement. However, the court will need to consider various factors at the time of divorce, most importantly the needs of the parties and any children when dividing assets or making financial orders.Despite these, as long as the procedure is followed correctly, the court will consider the agreement and decide whether to bind the parties by it - the procedure includes both parties obtaining independent legal advice, full and frank financial disclosure between parties and for there to be provision for both parties' needs and needs of children to be met.I hope this assists you. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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