With over a third of marriages in England and Wales ending in divorce, a pre-nuptial or post-nuptial agreement can be a very effective way of helping to protect the assets you take into the marriage and dividing the assets at the end, should your marriage break down. Whilst we know legal aspects of this area inside out, we also know how important it is for everyone to come out of the process happy and reassured.
Many of the people we work with run their own business, have family trusts, own property or a pension or have children from a previous relationship. We also work with parents and grandparents who have made a significant contribution to their grown up children’s property or business and want to see this investment protected.
This is not an easy subject to discuss and is far from romantic but it can provide real peace of mind to all those involved. As friendly and considerate pre and post nuptial agreement lawyers, we can help you.
Common questions that we are asked about pre and post nuptial agreements, include:
“What is a prenuptial agreement?”
“Are prenuptial agreements legal in the UK?”
“How does a divorce and a pre-nuptial agreement work?”
“I want to protect my assets in the event of a divorce – what should I do?”
How does a nuptial agreement help?
A nuptial agreement is a contract signed before (pre-nuptial) or after (post-nuptial) a marriage or civil partnership. This agreement documents what should happen to a couple’s assets if their relationship breaks down. This is particularly important if there is a significant imbalance of assets between the two.
Nuptial agreements are not legally binding upon an English divorce Judge. However, they are seriously considered by judges and upheld if they are fair and reasonable.
In drafting a nuptial agreement you and your partner must seek and obtain independent legal advice:
- your lawyers must sign the agreement to confirm that this requirement has been met
- your nuptial agreement must be signed at least 21 days prior to your marriage to prevent any subsequent argument that either you or your partner was under pressure to sign, given the proximity of the marriage ceremony
- you must give full disclosure of your assets and other financial circumstances.
All of our family lawyers are members of Resolution and subscribe to the Resolution Code of Practice. This promotes an approach to family law that is sensitive, constructive, cost-effective and most likely to result in an agreement.
To discuss your pre-nuptial or post-nuptial options, contact us today.