Prenuptial Agreements & Postnuptial Agreements Solicitors

It is very common for couples to enter into a marriage or civil partnership with significant assets and, in many cases, children from previous relationships. In such cases, making a prenuptial agreement (‘prenup’) or postnuptial agreement (‘postnup’) can be a very sensible move. Our family solicitors will be happy to advise you.

A prenup or postnup can give you some peace of mind for the future, confirming how you would like your finances to be dealt with in the event of a separation. Entering into a nuptial agreement can also remove a possible source of tension from your relationship.

To increase the chances of a prenuptial or postnuptial agreement being upheld, it is essential that it is drafted the right way and that both parties have appropriate legal advice. Our solicitors can advise you on the implications of an agreement, negotiate the terms, draft the document and advise you on its application in the event of a separation.

We know how sensitive these matters can be, so we make sure to take a tactful approach, while always ensuring that your best interests are protected. That way, you can get a robust agreement in place without worrying about any negative impact on your relationship.

Looking for more information? Please take a look at our prenuptial and postnuptial agreements FAQs.

To discuss how our prenuptial and postnuptial agreement solicitors can help you, please contact us on 01689 887840 or fill in our enquiry form.

Our prenuptial and postnuptial agreements solicitors can help with…

• Advising you about the legal implications of marriage or civil partnership
• Advising you on your legal position and how best to protect your assets
• Helping you to negotiate the terms of your agreement and exchange financial disclosure
• Drafting the prenuptial agreement or postnuptial agreement for you
• Advising you on the enforceability of your prenuptial agreement on separation
• Advising you of the likely legal costs involved

How our prenuptial and postnuptial agreements solicitors can help you

Advice on the implications of marriage or civil partnership

Getting married or entering a civil partnership has huge implications for your property and finances as you are creating a legal link between you and your spouse/partner. This means that, should you separate in future, they would potentially have a claim on your premarital assets as well as your marital assets. Your spouse/partner could also have rights with regard to inheritance and making decisions about your affairs if you ever lost the mental capacity to make those decisions yourself.

Understanding how this works and what this could mean for your future is really important, especially in situations such as where there is a significant difference in wealth and/or income between you and your partner. Our team will be happy to talk through these issues with you, making sure you know exactly what your marriage or civil partnership means for your personal interests.

Prenuptial agreements

If you wish to make a prenuptial agreement or your partner has asked you to sign one, we can help. Our family solicitors can assist with negotiating, drafting and reviewing prenups to make sure they offer the protection you need and are fair to your interests. We can also assist with pre-civil partnership agreements, which offer the same level of protection for civil partners.

Postnuptial agreements

If you did not make a prenuptial agreement, a postnuptial agreement can offer similar protection. They can also be used where you have a prenup, to confirm the agreement following the marriage or if circumstances have changed, so the existing agreement is no longer appropriate.

Advice on the application of an agreement during divorce or separation

Where you are going through a divorce or civil partnership dissolution and have a nuptial agreement in place, then it is sensible to have the agreement reviewed by an expert. Our solicitors can review whether the agreement is still appropriate for your current circumstances or let you know if the agreement may no longer be considered fair and, therefore, is unlikely to be enforceable.

Prenuptial and postnuptial agreements FAQs

What is a prenuptial agreement?

A prenuptial agreement is an agreement entered into by a couple before their marriage or civil partnership which seeks to describe what should happen in the event that their marriage or civil partnership breaks down.

Do I need a prenuptial agreement?

Prenuptial agreements have now become more popular, particularly where one individual has more assets than the other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for the division or protection of property and assets in the event of divorce, dissolution or long-term separation.

Prenuptial agreements are currently not legally binding in England and Wales within divorce or dissolution proceedings, but if properly entered into they are now very likely to be taken into account by the Courts when considering a settlement. This law may change in the future.

Any agreement should be entered into no less than 21 days before the day of the marriage or civil partnership to avoid allegations of duress. It is important to ensure that both parties obtain independent legal advice, and that you are both fully aware of all the financial circumstances by way of full financial disclosure by both parties. Provision must also be made for dependents or children from previous relationships.

It is important to remember that a change in circumstances, such as the birth of a child or the needs of one party, may make the agreement less persuasive. The Court will ultimately retain discretion to decide how the assets should be decided on divorce or dissolution.

Working with experienced prenuptial agreement solicitors is the best way to make sure your agreement has the highest chance of being taken into consideration by a Court.

What is a postnuptial agreement?

A postnuptial agreement is an agreement reached after the marriage or civil partnership has already taken place. A postnuptial agreement may carry more weight with the Court than a prenuptial agreement as the parties have already married or entered a partnership. Often a prenuptial agreement is converted into a postnuptial agreement after the wedding.

Is a postnuptial agreement the same as a prenup?

A postnuptial agreement is essentially the same as a prenuptial agreement, except that it can be entered into at any time after a wedding and before divorce proceedings have been initiated.

Is there a time limit for postnuptial agreements?

There is no time limit to make a postnuptial agreement after your wedding – you can technically make one at any point up until divorce proceedings are initiated.

Contact our prenuptial and postnuptial agreement solicitors in Orpington, Kent

If you require further advice or would like to discuss arranging an initial meeting with a member of our family team, please get in touch and we will be happy to help.

Please contact us on 01689 887885 or fill in our enquiry form.