Pre and Post Nuptial Agreements

Pre and post nuptial agreements

Those planning to get married or form a civil partnership rarely enter into a marriage or partnership anticipating that their union will end in divorce or dissolution. Still, it is not uncommon for couples to plan for the possible breakdown of their relationship by way of a prenuptial agreement, in this way helping to protect any wealth accumulated both before and during their official union. Equally, for those couples who have failed to put a prenup in place, or who have opted to remove any pressure by leaving this until later, they can sign a postnuptial agreement at any point following their wedding or civil partnership ceremony.

A pre or postnuptial agreement is a legal contract setting out how any assets and financial resources should be divided between a couple if the marriage or civil partnership were to end. Either type of agreement will set out a couple’s rights regarding any property, income and other assets acquired on both an individual and joint basis, providing the parties with clarity and greater certainty around the financial arrangements should they ever separate.

When drawing up a pre or postnuptial agreement, a couple must seek legal advice and do so independently of each other to help safeguard their respective financial interests. Under English law, unlike other jurisdictions that accord automatically legally binding status to nuptial agreements, it is the court that acts as the arbiter of the financial arrangements between a former couple. As such, any prior agreement between the parties is only one of the matters which the court will consider in its assessment of fairness when it comes to the division of the matrimonial or partnership pot on divorce or dissolution. However, where the parties have sought independent legal advice, the court is far more likely to give decisive weight to that agreement, holding a couple to its contractual provisions.

In most cases, contractually binding effect will be given by the court to any nuptial agreement freely entered into by the parties with a full appreciation of the implications, unless it would not be fair to hold either party to that agreement in all the circumstances.

What we do for our clients

At Farnworth Rose Solicitors we have helped hundreds of soon-to-be married couples, or those imminently due to enter into a civil partnership, to draw up a prenuptial agreement, setting out the financial arrangements in the event of divorce or dissolution. We have also helped couples who, shortly after their wedding or civil partnership ceremony, or some years later down the line, are looking to protect any pre or post-marriage or partnership wealth.

We are able to offer our clients robust advice as to the legal implications of any pre or postnuptial agreement, as well as the practical consequences of what they are proposing to agree with their spouse or civil partner. We are also able to draft detailed and carefully worded provisions to reflect a couple’s intentions, tailored to their circumstances.

How we can help you

If you and your prospective spouse or civil partner are wanting to put in place a prenuptial agreement prior to getting married or entering into a civil partnership, we can provide you with independent legal advice around the proposed arrangements. Similarly, if you and any existing spouse or civil partner are looking to enter into a postnuptial agreement, regardless of how long you have been married or in a civil partnership, we can again provide the necessary advice to help ensure that you will be able to enforce this agreement, if necessary.

By having an agreement in place, there will be far less chance of any dispute being raised as to the division of marital or partnership assets on separation. This is because entering into an agreement will help you and your spouse or partner to manage your expectations, minimising the prospects of either one of you seeking to challenge what has been agreed.

To find out how we could help you in advising on and drawing up a prenuptial or postnuptial agreement, please contact our expert team of family solicitors. We will be happy to provide you with a tailored quote based on your particular circumstances.

How you can contact us

For expert advice and assistance on pre and post nuptial agreements, call Farnworth Rose today on 01282 695400 or complete the form below.