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.

Prenuptial and post-nuptial agreements news

  • How long is a short marriage?

    A recent case heard in the Court of Appeal provides a salutary reminder of the need to plan for the future – even when married. The case involved Mr and…

  • Spring clean!

    With Spring around the corner, many of us will be thinking about clearing out, cleaning up and generally getting our life in order. Now is a great time to think…

  • New year, new beginnings

    This time of year is often marked by new beginnings.  For some couples it can be an engagement, marriage or moving in together whilst other couples may have come to…

  • Pre-nups for forward thinking couples

    While pre-nuptial agreements (also known as pre-nups) are not nearly as fun to think about as wedding cakes or honeymoons, they can help couples avoid financial issues later in life….

  • Is a pre-nup on your wedding checklist?

    Post Christmas and New Year, many newly engaged couples will be starting to plan their big day – set the date, find the venue, book the caterers – the list…

Knowledge & Resources

Our knowledge and resources area provides more information.

View Resources