Pre-nuptial 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 has now changed, however, and one in five couples now opt to enter a prenuptial agreement before getting married or entering a civil partnership in England. This increase can be attributed to many factors, for example if you own property or any form of assets before you tie the knot.

 
It's also extremely useful if either you or your partner have children from previous relationships, and it will almost always apply if you are marrying or entering a civil partnership later in life.

 
Situations in which a prenuptial agreement can be particularly useful include:

• where you or your partner’s pre-existing wealth is considerably greater than that of the other
• where your or your partner’s wealth is due to increase significantly – if either of you are expecting an inheritance, for example
• where you or your partners have children from previous relationships whose interests they wish to protect
• where a prenuptial agreement 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 or civil partnership breakdown. Far from being unromantic, prenuptial agreements offer a sensible, convenient way for a couple to make objective decisions regarding the division of their joint assets together, with clear heads.

 
They can be an invaluable tool to avoid 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 these agreements. We will prepare a qualifying (legally valid) prenuptial agreement based on your instructions and provide comprehensive advice on the impact and effects of the agreement.

You should take legal advice on the terms of your prenuptial agreement at least a few months before you are due to get married and aim to sign the agreement at least 28 days before the date of your marriage or civil partnership. If you rush into a prenuptial agreement 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 one of the parties could claim they were forced to into it under duress.

 
If the subject of a prenuptial agreement is not raised until close to your ceremony date, it might be sensible to wait until you are married and instead enter into a postnuptial agreement (sometimes called ‘post-nups’) at that stage.

 
Postnuptial agreements can address the same issues as their prenuptial counterparts but are entered into when you are already married or in a civil partnership. If there is any doubt you should take advice on the best course of action for you and your partner considering the timing and other circumstances as to whether a prenuptial or postnuptial agreement is most appropriate.

Prenuptial agreements enable you and your partner to protect and ringfence your assets and control how your assets are dealt with in the event of a separation. Since every relationship is unique, the matters dealt with by prenuptial agreements are wide and varied. So, a prenuptial agreement will need to be bespoke to you, your partner, and your circumstances.

 
Issues that are commonly addressed in prenuptial agreements include:

• Property – you can use your prenuptial agreement to state how property owned independently by either 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 – if either of you have children from previous relationships you can use your prenuptial agreement to safeguard those children’s interests and ensure that they do not lose out should the marriage or civil partnership break down
• Inheritance – a prenuptial agreement 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 prenuptial agreement 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 your 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.

You, like most of our clients, will be keen to know the extent to which the court will uphold your prenuptial agreement 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.

 
For this to happen it must be regarded by the court as a qualifying nuptial agreement. A court will look for certain things to have been considered when deciding whether to enforce a prenuptial agreement. These include:

• It is fair and reasonable for you and your partner and meets both your financial needs
• It does not prejudice your children by, for example, one of you seeking to avoid future financial responsibility for them
• You both fully understood the impact of the agreement and entered it freely
• Both parties received independent legal advice. ie you each have your own solicitor
• The agreement is a valid legal contract
• The agreement was signed at least 28 days before the date of the wedding or civil ceremony
• Both of you gave full disclosure of your financial circumstances before the prenuptial agreement 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 prenuptial agreement 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 of you 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.

Our prenuptial agreement solicitors are specialist family law solicitors who have helped a significant number of clients to enter 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. We can also suggest the ways in which you may raise this with your future wife, husband, or partner.