Pre-nuptial and post-nuptial agreements in Newark
If you intend to spend the rest of your life with your partner, making plans for a future beyond your marriage or civil partnership may seem counterproductive. However, securing your future is incredibly important, as it is never possible to predict exactly what twists and turns life will throw at us.
For many couples, signing a pre-nuptial or post-nuptial agreement is the most sensible course of action. By doing so, you and your partner will have peace of mind that you will both be able to move on with your lives in the event that you separate.
Pre-nuptial and post-nuptial agreements are documents which detail exactly what will happen to your finances and other important assets such as property should the relationship end in the future.
At Chattertons, our family law solicitors in Newark can work with you to draft and negotiate strong pre-nuptial and post-nuptial agreements (often referred to as pre-nups and post-nups). These agreements will outline who owns what in the relationship and how assets will be divided if you separate.
Pre-nuptial and post-nuptial agreements can be especially valuable in situations where:
- You have been married before
- One or both partners have children from a previous relationship
- There is a big difference in assets or income between you and your partner
- You have a business or other key assets which you want to protect in the event that you separate
Our team also has specialist experience in advising business owners on pre-nuptial agreements, where the future of a business may be affected by a divorce or separation.
Speak to our pre-nuptial and post-nuptial agreement solicitors in Newark
Our pre-nuptial and post-nuptial agreement Services in Newark
Drafting pre-nuptial agreements
Our team works alongside a wide range of clients to help draft robust agreements that protect their best interests, as well as being fair to both parties. This means that, should the agreement be brought in front a judge, it is likely to be upheld with minimal fuss.
Reviewing pre-nuptial agreements
If your partner has taken the lead and his or her solicitor has drafted a pre-nup, we can help you review the terms of the agreement and advise you on what the likely outcome will be if you sign. Our pre-nuptial agreement solicitors in Newark can also suggest any amendments to the agreement to ensure that you are well protected.
Post-nuptial agreements are created while you are already married or in a civil partnership, offering the same level of protection that is offered in a pre-nup. Our post-nup solicitors in Newark can help you to draft and respond to such agreements.
Advice on pre-nuptial and post-nuptial agreements during divorce
If you have already have a pre-nup or post-nup in place, it may be necessary to make changes to the terms to reflect your current circumstances. For instance, you may be considering a divorce, but your pre-nup does not account for the fact that you have had children since it was signed. We can advise whether the terms need to be updated, or if they are not applicable in the event of a divorce.
Why Chattertons is the right choice for pre-nuptial and post-nuptial agreements advice in Newark
Our family lawyers in Newark have a wealth of combined experience advising couples with pre-nuptial and post-nuptial agreements. We’ve previously advised a wide range of clients with varying circumstances, including in situations involving high value assets. Many of our team are members of Resolution, a network of family lawyers committed to removing conflict from divorce, separation and family legal disputes.
We can also offer the services of our Conveyancing Quality Scheme (CQS) accredited Residential Property team. Pre-nups often involve making arrangements for the family home, which means it’s important to get expert advice at the earliest opportunity.
Clients often ask us…
Are pre-nups and post-nups legally binding in the UK?
Pre-nups and post-nups are not legally binding. However, a judge is highly likely to uphold the terms included in an agreement, so long as certain conditions are met, including:
- You and your partner were honest about the assets you own
- You both received independent legal advice
- You both fully understand what the agreement entails
- The agreement is fair to both parties, particularly if one party is in a significantly stronger financial position than the other
- There was no undue pressure on either party to sign the agreement
What is the difference between a pre-nuptial agreement and a post-nuptial agreement?
The only major difference between a pre-nup and post-nup is when the agreements are created. Pre-nups are created prior to marriage and a post-nup is drafted when a couple is already married.
There is no real difference to the details of the agreements and they will both have the same weight if they are disputed in court.
Why do I need a solicitor for a pre-nup or post-nup?
For a pre-nup or post-nup to have any legal standing, it needs to have been drafted with the assistance of a legal professional. Both the person drafting the agreement, and the person responding, must have received independent legal advice prior to signing.
Technically, it is possible to draft a pre-nup or post-nup without the assistance of a solicitor, but if you do this, you run the risk of the agreement being dismissed if it’s brought forward in court.