When you’re about to tie the knot, or happily living with your spouse, it’s difficult to imagine what would happen if you separate. We can give you peace of mind by preparing a robust pre/post nuptial agreement to protect your assets.
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A prenuptial agreement (also known as a prenup or pre-nuptial agreement) is a legal document created before marriage that outlines how assets, property, and finances will be divided if the relationship breaks down.
Our prenuptial agreement lawyers can help you draft an agreement that protects your assets while ensuring fairness for both parties. Whether you’re protecting inherited wealth, property acquired before the relationship, or business interests, a prenup solicitor can provide clarity and security for your future.
If you own or have a share of a business you may wish to protect this from any possible future claim by your spouse-to-be. In your prenuptial agreement, you will need to have agreed that your future spouse waives all rights to interest in the business in the case of divorce or your death. Alternatively, you may wish to have an agreement in place for your future spouse to have the option to buy any shares you may own in a business in the event of your death.
If your spouse-to-be has incurred substantial debts before your marriage, it is important to have a prenuptial agreement if you wish to protect your assets from being seized by creditors in the event of divorce or your death.
If you have assets that you would like to protect then our family lawyers can discuss the viability of entering into a prenuptial agreement which will set out your intentions as to what will happen if you break up.
For many years prenuptial agreements were seen as suitable for the rich and famous where huge amounts of money were at stake. More recently, with the rise in property values and also money being passed down from one generation to the next to help buy property these agreements may have wider relevance.
Prenuptial (and Postnuptial) Agreements are not yet legally binding, although they may be upheld if the court is satisfied that:
It’s possible to make a marital property agreement regarding the intentions for your wealth and assets at any time during your relationship. It’s important that both parties seek individual family law advice before signing an agreement and that no pressure is put on either party to sign. Before considering the contents of any prenuptial or postnuptial agreement the court will want to make sure that each party signed the agreement with full knowledge and understanding of its ramifications.
A postnuptial agreement (also known as a post nuptial agreement) is similar to a prenuptial agreement but is created after you’re already married or in a civil partnership.
Postnuptial agreements serve the same purpose as prenups, protecting assets, clarifying financial arrangements, and providing certainty in the event of separation. Our post nuptial agreement solicitors can help you draft an agreement that reflects your current circumstances and protects both parties’ interests.
Couples may choose to create a postnuptial agreement if:
Prenuptial and postnuptial agreements are an important part of protecting your financial future, but they work alongside other family law considerations.
If you’re going through separation or divorce, you may also need support with:
Our divorce solicitors and separation lawyers can guide you through the divorce process, including no fault divorce and fixed fee divorce packages. We can also help you understand separation agreements and when they might be appropriate.
When a relationship breaks down, dividing finances and assets fairly is essential. Our financial settlement solicitors can help you reach a fair divorce financial settlement and ensure your agreement is protected with a financial order.
Our family law team can provide comprehensive support across all aspects of your relationship, from planning for your future together to navigating separation with clarity and compassion.
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A pre-nuptial agreement is made in contemplation of marriage, whereas a post-nuptial agreement is made after marriage. Often, both a pre-nuptial agreement and a post-nuptial agreement are used together.
Pre-nuptial agreements are not legally binding on the face of it, but are highly persuasive and carry a heavy weight in Court in the event of divorce or separation if the parties have had legal advice, had financial knowledge of each other’s finances, and the agreement was made without any pressure.
Prenuptial agreements are becoming increasingly common as parties are marrying later in life or marrying more than once, and want to protect pre-acquired wealth or assets.
We would always advise you to seek independent legal advice on a prenuptial agreement, as a prerequisite of it being considered by the court upon divorce is that legal advice was sought on the agreement before it was signed.
The best way to protect assets going into a marriage is to have a prenuptial agreement.
A prenuptial agreement is valid whilst the marriage subsists.
The cost of prenuptial and postnuptial agreements can vary based on their complexity, i.e., the significance of the assets included.
At Wellers, we are able to offer fixed prices for prenuptial agreements and postnuptial agreements at £1800+VAT each. If you choose to do both agreements, a discount will be offered.
Both parties should enter the agreement at least 21 days before the marriage to ensure it carries weight in court.
It’s important that both parties seek individual legal advice before signing an agreement. A prerequisite of the agreement being considered by the court upon divorce is that legal advice was sought before it was signed.
A prenup can detail assets such as a house you may have owned before the relationship started, inherited property, valuables such as cars, jewellery or artworks, and pets. The document can outline anything of importance to you that you would wish to keep if your marriage or civil partnership fails at any stage.
Yes. If you own or have a share of a business you may wish to protect this from any possible future claim by your spouse-to-be. In your prenuptial agreement, you can agree that your future spouse waives all rights to interest in the business in the case of divorce or your death.
Yes. If your spouse-to-be has incurred substantial debts before your marriage, it is important to have a prenuptial agreement if you wish to protect your assets from being seized by creditors in the event of divorce or your death.
A prenuptial agreement may be upheld if the court is satisfied that: the agreement is properly drafted, both parties have received or had the opportunity to receive independent legal advice, both parties have given full and frank financial disclosure to each other, both parties have entered the agreement at least 21 days before the marriage, the agreement takes into account significant changes in the future, and the agreement is fair and realistic.
London
020 7481 2422
Bromley
020 8464 4242
Sevenoaks
01732 457 575
Surrey
01372 750 100
New Forest
01590 633 199
London
020 7481 2422Bromley
020 8464 4242Sevenoaks
01732 457 575Surrey
01372 750 100New Forest
01590 633 199
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