Prenuptial Agreement Solicitors
A ‘Prenuptial Agreement’, also referred to as a ‘Pre Marriage agreement’, or more commonly, a ‘Prenup’, is a legal contract entered into by a couple prior to their marriage or civil partnership. The agreement allows a couple to state how their assets are to be split in the unhappy event of a divorce or dissolution. Our Prenuptial Agreement solicitors have a great deal of experience advising clients who wish to enter into a Prenuptial Agreement. We will work closely with you to ensure the Prenup accurately records your intentions, protects your interests and would be considered to be a qualifying nuptial agreement.
For immediate assistance, please call us now on 01572 490 660 or complete a Free Online Enquiry.
Thank you very much James for your courteous, caring and professionalism. Your advice was very helpful and your empathy throughout was exemplary. Mrs T Stamford, Lincolnshire
Who Should Enter Into A Prenuptial Agreement?
Prenuptial Agreements are commonplace in many countries, including the US, but have traditionally been considered the preserve of celebrities and the super-rich in England. This is changing, however, and one in five couples now opt to enter a Prenuptial Agreement before getting married or entering into a civil partnership here. This increase can be attributed to many factors, including that many more of us now own property before we marry or enter into a civil partnership, have children from previous relationships and are marrying later in life. Situations in which a Prenup can be particularly useful include –
- where one partner’s pre-existing wealth is considerably greater than that of the other;
- where one partner’s wealth is due to increase significantly – if they are expecting an inheritance, for example;
- where one or both partners have children from previous relationships whose interests they wish to protect;
- where a Prenup is a precondition to one partner receiving funds from a third party – an inheritance, or financial help from parents, for instance.
Having said that, Prenuptial Agreements can be helpful to any couple wishing to clarify how their assets should be divided in the event of a marital breakdown. Far from being unromantic, Prenups offer a sensible, convenient way through which a couple can make objective decisions regarding the division of their joint assets together, with clear heads. Prenups can be an invaluable tool in avoiding time-consuming, costly legal disputes in the event of a split when emotions are running high. Our team of Prenuptial Agreement solicitors specialise in the negotiation and drafting of Prenups. We will prepare a qualifying Prenuptial Agreement based on your instructions and provide comprehensive advice on the impact and effects of the agreement.
When Should You Enter Into A Prenuptial Agreement?
You should take legal advice on the terms of your Prenup at least a few months before you are due to get married, with a view to signing the agreement at least 28 days before the date of your marriage or civil partnership. If you rush to enter into a Prenup in the days or weeks leading up to the ceremony, you run the risk that the Court will give less weight to the agreement in the event of a divorce or separation, or that one of the parties might claim they were forced to enter into it under duress. If the subject of a Prenuptial Agreement is not raised until close to the ceremony date, it might be sensible to wait until you are married and instead enter into a Postnuptial Agreement at that stage. Postnups can address the same issues as their prenuptial counterparts but are entered into when a couple are already married. Our expert Prenuptial Agreement solicitors will consider the best course of action for you and your partner in light of the timing and other circumstances and advise whether a Prenuptial or Postnuptial Agreement is most appropriate.
What Can Be Included In A Prenuptial Agreement?
Prenuptial Agreements enable a couple to protect and ringfence assets and control how their assets are dealt with in the event of a separation. Since every relationship is unique, the matters dealt with by Prenups are wide and varied. Our Prenuptial Agreement solicitors will ensure your agreement effectively addresses your individual needs and prepare a Prenup that is bespoke to you, your partner and your circumstances. Some issues which are commonly addressed in Prenuptial Agreements include –
- Property – you can use your Prenup to state how property owned independently by one partner prior to the marriage should be dealt with. You can also state what should happen to the family home and any other jointly held property in the event of a divorce or separation;
- Children – partners with children from previous relationships often use their Prenup to safeguard those children’s interests and ensure that they do not lose out should the marriage or civil partnership break down;
- Inheritance – a Prenup provides a convenient way through which you can ringfence any assets you wish to bequeath to your children or other loved ones, or state how any future inheritance received by either party is to be divided;
- Money – a Prenup can set out how any money, such as savings or funds held in a joint account, should be split. You can also address matters such as shareholdings, pension pots and liability for any debts.
It is a good idea to sit down with your partner before your initial meeting with our Prenuptial Agreement solicitors and draw up a list of all the assets you own, independently and jointly. You should discuss how you would like those assets to be dealt with in the event of a split, and we can then advise on the best way to achieve your desired outcome.
Are Prenuptial Agreements Legally Binding?
Clients are often understandably keen to know the extent to which the Court will uphold their Prenup in the unhappy event of a split. The good news is that, provided the relevant legal requirements are met, it is highly likely that your Prenuptial Agreement will be enforced by the Court, or at least given ‘decisive weight’ when dividing up your assets. The factors which a Court will look for when deciding whether to enforce a Prenup include –
- whether the agreement is fair and reasonable to both parties and meets their financial needs;
- that the agreement does not prejudice any children by, for example, one party seeking to avoid future financial responsibility for them;
- that both parties fully understood the impact of the agreement and entered into it freely;
- that both parties received legal advice;
- that the agreement is a valid legal contract;
- that the agreement was signed at least 28 days before the date of the wedding or civil ceremony;
- that both parties gave full disclosure of their financial circumstances before the Prenup was signed.
Whilst these requirements may seem extensive, they can be easily met with appropriate legal advice. It is advisable to review and potentially amend the terms of your Prenup periodically to ensure it reflects any changes in your circumstances and the law. This is particularly important when a material change occurs- the birth of a child, or one party receiving unexpected additional funds, for example. Rest assured, our Prenuptial Agreement solicitors have extensive experience in the field and will ensure that your agreement fulfils all legal criteria to give it the best chance of being upheld should it be called upon.
How Can Our Prenuptial Agreement Solicitors Help?
Our Prenuptial Agreement solicitors are specialist family law solicitors who have helped a significant number of clients to enter into watertight, legally enforceable Prenuptial Agreements. We will meet with you either at our offices, another location of your choice or online and ensure we understand the matters of importance to you. We will address any concerns, identify and flag any matters you may have overlooked and advise on the best way forward. We will prepare an agreement that accurately records your intentions, addresses all pertinent issues and meets the relevant legal criteria. It is our firm policy to provide first-class legal advice in a cost-effective way and we are proud to have received feedback from clients praising our superb insight and professionalism, as well as our open, supportive approach. Our experience in Prenuptial Agreements and all aspects of family law allows us to approach matters from both a legal and practical standpoint, and we will guide you through the process with care and empathy.
For immediate assistance, please call us now on 01572 490 660 or complete a Free Online Enquiry.
Once again thank you for the help, advice and guidance on this case, I genuinely have appreciated it, I understand it’s your profession, but it’s not been the easiest of times.. Mr H Oakham, Rutland.