Pre and Post Nuptial Agreements

What is Pre and Post Nuptial Agreements?

A prenuptial agreement is a formal, written agreement signed prior to marriage. It can deal with the division of all assets (including savings, business assets, properties and payment of any maintenance) in the event of a future breakdown of the marriage. A postnuptial agreement is signed post marriage.

These agreements may avoid uncertainty and issues on divorce, protect any inherited assets, preserve assets for children, ensure any business assets are retained and provide protection from your partner’s liabilities. 

Such agreements are not automatically binding in this jurisdiction but will be taken into account by the court as one of the circumstances of the case if the matter progresses to Court. The agreement is likely to be upheld if signed at least 21 days prior to the wedding, if full and frank disclosure has been provided, and if both parties have obtained independent legal advice. Above all, the priority is that such an agreement is fair and reasonable and does not leave either party in a position of “dire need”. 

For spouses who have significant assets acquired prior to their current relationship, there is no guarantee that these assets will be protected from division on divorce in this country. Therefore, many couples choose to enter into pre or post nuptial agreements to try to redress the balance and attempt to protect themselves in the event that they come to separate. 

Likewise, business or trust assets are not necessarily protected on divorce, but a prenuptial agreement can be used to ‘ring-fence’ business assets and clarify that these will be out of touch on divorce.

A prenuptial agreement is also often used by couples to agree and record how they intend to support themselves financially during the marriage. For example, whether they wish to pay for household expenses equally or in proportion to their income or assets.

Having discussions about these matters at an early stage can be useful for a couple and can help ensure parties are on a level footing, going into the marriage with a clear understanding of how finances will be managed both during the marriage and in the event of separation or divorce. Couples often find discussing financial issues one of the most difficult aspects of marriage, and dealing with this at an early stage can help prevent problems later on and strengthen the relationship. 

If a prenuptial agreement is properly drafted well in advance of the marriage, freely entered into with full appreciation of the implications of the agreement (including both parties having received independent legal advice and providing full and frank financial disclosure), and provided the agreement is fair, the expectation is that such an agreement will be upheld on divorce. 

Pre and Post Nuptial Agreements Solicitors

Our specialist pre and post nuptial agreements solicitors, based in London, provide a professional and efficient service. To chat our family lawyers call us on 020 7123 4600, email us at co*****@**********co.uk or make an online enquiry here.