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Pre- and Post-Nuptial Agreements Solicitors
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Your Expert Pre-and Post-Nuptial Agreement Solicitors
Increasing numbers of engaged and married couples are choosing to sign pre-nuptial and post-nuptial agreements because families are better informed about the benefits of family agreements.
Whereas a prenuptial agreement is signed before the marriage takes place, a postnuptial agreement is signed after the marriage.
At Signature Law, our expert pre- and post-nuptial agreement solicitors regularly assist clients in preparing this formal agreement to safeguard their assets. If you’re looking to draft an agreement between yourself and your spouse, contact our experienced family lawyers today on 01708 398851.
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Your Nuptial agreement solicitor
Prenuptial and Postnuptial agreements can give you peace of mind if:
- You want to protect inheritance or future inheritance, both money and assets.
- There are assets and/or property that would be very hard to split 50/50.
- You have children from a previous relationship and want to ensure certain assets are reserved for them and protect their inheritance rights. (It is also crucial to make a will).
- Either party owns a business which they’d like to retain control of.
- If your spouse has outstanding debt, a prenuptial agreement with a ‘debt clause’ can protect you from being liable.
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Start your nuptial agreement enquiry today.
Give us a call or fill out the contact form and a member of our team will get in touch to discuss how we can help.
We’re available Monday to Friday, 9:30am to 5:30pm (excluding bank holidays).
What is a Prenuptial Agreement?
A prenuptial agreement (also known as a pre-nup) is a formal, written agreement between two partners prior to their marriage or civil partnership
It sets out ownership of all their belongings (including money, assets and property) and explains how it will be divided in the event of the breakdown of their marriage. Such agreements are not yet legally binding but they have been given legal weight in previous case law and judges are increasingly attaching more weight to prenuptial agreements and are more likely to uphold them, unless they are considered to be unfair at the time the parties get a divorce.
Why should I get a prenuptial agreement?
A prenuptial agreement will allow you to separate your own finances or property as a couple, as well as lay down arrangements for child care. It can also have huge benefits where there is a business involved.
Failure to make an agreement where a business is concerned can result in your business assets simply being divided equally, which can have a disastrous effect on the business’ future.
What is a Postnuptial Agreement?
A couple who are already married or in a civil partnership may decide to enter into an agreement that shows what they intend to happen to their money and property if the marriage or civil partnership were to end.
A postnuptial agreement can be useful, for example, if after a marriage, a family member wants to gift or leave money to their married child, but wants to protect the family wealth from divorce.
Why enter into a postnuptial agreement?
Everyone has their own personal reasons for entering a postnuptial agreement. Some simply like to be as financially organised as possible, or perhaps where there has been a separation followed by reconciliation.
However, postnuptial agreements might be particularly beneficial where:
- One of you has considerably greater capital or income.
- One of you wishes to protect assets you owned prior to the marriage.
- For the purpose of inheritance planning.
Are postnuptial agreements legally binding?
In England and Wales, postnuptial agreements are not strictly binding in the event of a later divorce or dissolution. However, a postnuptial agreement may be decisive in the event of any dispute dealt with by the court unless the effect of the agreement would be unfair.
What are some of the important elements for a postnuptial agreement?
When formulating your postnuptial agreement, the following important elements should be complied with:
- Both of you will need to complete full and frank financial disclosure.
- Both of you will need to take independent legal advice on the agreement and its effects.
- Terms of agreement should be “substantially fair” i.e. provide for each of your basic needs.
- There should be no undue influence or duress suffered by either party.
- A statement that you both intend the agreement to be legally binding.
- Must be executed as a ‘deed’ – must be witnessed by an independent witness.
At Signature Law, we have lawyers who have a wealth of experience in preparing post-nuptial agreements. Contact us now to discuss on 01708 398851.
FAQs
How do I create a prenuptial agreement?
When considering if the prenuptial agreement is fair and should be upheld, the court will look at things such as whether both parties understood it properly and if they had enough time to review it before signing. Therefore when a prenuptial agreement is created you need to ensure the following:
- Both parties should have independent legal advice to increase the likelihood of the pre-nup being upheld
- Both parties must have separate solicitors to avoid any claim of conflict of interest
- All assets must be fully disclosed by both parties
- Both parties must fully understand the agreement
- Both parties must voluntarily agree to it
- Both solicitors must confirm it was entered into freely and knowingly
- The prenuptial agreement should be signed at least 21 days before the marriage
I’m getting divorced and there is a prenup in place
When we advise a client about a relationship that has broken down and a prenuptial agreement is in place, we ask certain questions. These include:
- How soon before the wedding was the prenuptial agreement signed?
- Was any pressure placed on the parties to sign it?
- How was it negotiated?
- Was there any negotiation at all, or was the agreement imposed on one party?
- Was there full and frank disclosure of the finances of both parties?
- Did both parties receive legal advice?
We are already married but would like an agreement
If you are already married and want an agreement in place to define what will happen in the event of the marriage ending, then a postnuptial agreement (or postnup) can effectively do the same things as a prenup, except postnups are signed after marriage has occurred.
However, it must be stressed that neither agreements are legally binding in England and Wales.
Why instruct our solicitors?
We regularly assist clients throughout England and Wales with preparing pre- and post-nuptial agreements.
If you are ready to draft an agreement or would like some further legal advice, please get in touch with a member of our family law team.
To schedule a no-obligation consultation, simply call 01708 398851 or complete the online enquiry form.