Pre-nuptial and Post-nuptial Agreements

Planning for a life beyond your marriage may not seem like the most romantic prospect, but it is also important to make sure that your future is financially secure. While remaining married for life is every couple’s intention, no one can predict exactly how life will pan out.

It is therefore sensible to sign a pre-nuptial agreement if you are entering into a marriage or civil partnership or, alternatively, a post-nuptial agreement if you are already married. This way, your future financial interests are well protected and you will have peace of mind that every eventuality has been accounted for.

At Chattertons, our dedicated team of family law solicitors can help you to draft and negotiate strong pre-nuptial and post-nuptial agreements (commonly known as pre-nups and post-nups). These set out exactly who owns what in your relationship and how assets will be divided in the event that you decide to separate.

Pre-nuptial and post-nuptial agreements are worth considering for any couple, but they can be particularly 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

For expert assistance with pre-nups and post-nups, contact our local teams in BostonGranthamHorncastleLincolnLondonNewarkSleafordSpalding or Stamford.

To ask a question or request a call back at a time that suits you, please use our simple enquiry form and a member of our team will get back to you quickly.

How we can help you with pre-nuptial and post-nuptial agreements

Drafting pre-nuptial agreements

We regularly work with a wide range of clients to draft robust agreement which protect their best interests, while also being fair to both parties. We also work to make sure that the agreement meets the requirements to have legal standing should it be challenged in the future.

Reviewing pre-nuptial agreements

If you have been asked to sign a prenup by your partner, we can help you review the terms of the agreement and advise you on whether it would be in your best interests to sign to the terms. If not, we can suggest amendments to ensure that you are well protected.

Post-nuptial agreements

Our expertise also extends to drafting and responding to post-nups. These are created if you are already or in a civil partnership and want the same protection that is offered by a pre-nup.

Advice on pre-nuptial and post-nuptial agreements during divorce

If you are facing the prospect of divorce and already have a pre-nup or post-nup in place, our team can advise you on the consequences of that agreement and how it could change your circumstances. This includes advising on whether there are any reasons why the agreement could be open to challenge in the Family Court.

Why Chattertons is the right choice for pre-nuptial and post-nuptial agreements advice

Our family lawyers have decades of experience advising couples with pre-nuptial and post-nuptial agreements. Our clients include people from all walks of life, from those with relatively straightforward situations, to those with the most complex circumstances, including where high value assets are involved.

We can also offer the services of our Conveyancing Quality Scheme (CQS) accredited Residential Property team for any property issues related to a pre-nup or post-nup, including what will happen to the family home or any other residential properties you own.

Clients often ask us…

Are pre-nups and post-nups legally binding in the UK?

Pre-nups and post-nups are not strictly legally binding in the UK. However, a judge is highly likely to uphold the terms included in an agreement, so long as the following requirements are fulfilled:

  • 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-nup and a post-nup agreement?

The only real difference between a pre-nup and post-nup agreement is the date the agreements are created. A pre-nup is created is prior to a marriage and a post-nup is created when a coupe is already married.

The details of the agreements will very similar, and both have the same weight.

Why do I need a solicitor for a pre-nup or post-nup?

To ensure that a pre-nup or post-nup has any legal standing, it must be drafted correctly, following the correct processes. If challenged, for a judge to take a pre-nup or post-nup into consideration, both parties need to have received independent legal advice before signing.

It is technically possible to create a pre-nup or post-nup without the assistance of a solicitor but, if you do not seek independent legal advice, you risk the agreement being disregarded by a court.

Contact our prenup and postnup solicitors today

For expert assistance with pre-nups and post-nups, you can contact our local teams in BostonGranthamHorncastleLincolnLondonNewarkSleafordSpalding or Stamford.

To ask a question or request a call back at a time that suits you, please use our simple enquiry form and a member of our team will get back to you quickly.