Pre-Nuptial & Post-Nuptial Agreements
Pre-Nups & Post-Nups
Entering into marriage or a civil partnership can be one of life’s most meaningful milestones, filled with love and excitement for the future. Yet alongside the emotional commitment, it is equally important to consider the practical aspects of your shared life together.
It is becoming increasingly popular for two people entering into marriage, to agree how they will regulate their financial contributions in the event that they divorce. It can be a form of asset protection with which our prenuptial agreement solicitors are perfectly placed to assist.
This is often very important in circumstances where:
- One person brings to the marriage substantially more capital than the other; or
- One or both are entering into a second marriage and they would like to protect assets coming with them from a first marriage.
It is not very romantic, but the harsh reality is that many marriages end in divorce. Sometimes feelings of injustice can arise when one party feels that they have contributed a significant amount to the marriage in financial terms but are leaving with less than they think they should.
A Prenuptial Agreement can regulate this situation and provide some certainty for a couple in the event of a divorce. There are also equivalent agreements for Civil Partnerships and unmarried couples can make a cohabitation agreement.
Our Prenuptial Agreement solicitors’ expertise
Our team can provide expert guidance on all matters related to these agreements, including:
- negotiating the terms of Prenups and Postnups
- advising on the terms of an agreement you have been asked to sign
- making a new agreement where your circumstances have changed
- the application of Prenups and Postnups during divorce
We understand that these conversations can feel sensitive, so our goal is to make the process straightforward, ensuring you feel informed, supported, and confident every step of the way.
Get in touch with our Prenuptial Agreement solicitors
Our Prenuptial and Postnuptial Agreements solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London.
Frequently asked questions about Prenuptial and Postnuptial Agreements
Prenuptial Agreements (also known as “Prenups”) are contracts made between a couple before they marry or enter a Civil Partnership and set out the intended financial consequences of a future divorce or dissolution should their relationship ever breakdown.
Postnuptial Agreements (also known as “Postnups”) set out the same terms as Prenups but are contracts entered into after a couple are married or have entered a Civil Partnership.
The agreements can cover:
- What will happen to the property either of you brought into the marriage
- What will happen to the family home
- What will happen to any property gifted to you or inherited during the marriage
- What kind of arrangements you wish to make for your children, in terms of finances and practicalities
- The protection of any future inheritance
A Prenup or Postnup can make a significant difference as to how financial assets are divided between you and your spouse or civil partner upon divorce or dissolution. This is often very important in circumstances where:
- One person has substantially greater capital or income than the other
- One or both of you are entering into a second marriage and would like to protect the assets you are bringing in from a first marriage
- You have children from a previous relationship and you wish to protect assets for the purpose of Inheritance Tax Planning
Prenuptial and postnuptial agreements can offer many benefits, including:
- Clarity over what would happen should you separate
- Transparency over each party’s assets and expectations
- Protection of assets
- Avoidance of the uncertainty, acrimony and costs that can arise during divorce or dissolution proceedings
In England and Wales, Prenup and Postnup Agreements are not strictly legally binding, but the terms of them can be decisive in the event of a dispute unless the effect of the agreement would be unfair.
To improve the prospect that the Court will consider the prenup or postnup fair:
- It will need to meet your and your partner’s financial needs
- There should be full financial disclosure of all assets held by each party
- You and your partner should take independent legal advice
- Neither of you should have felt pressurised by the other to enter into the agreement (i.e. no duress or undue influence)
- In the case of a Prenup, you and your partner should enter the agreement in good time before the wedding (at least 28 days prior)
It should be remembered that any agreement that does not consider the birth of children (or does not sufficiently provide for that eventuality) will hold less weight because the welfare of a minor child is paramount to all other considerations between parents.
The cost of a Prenuptial Agreement entirely depends on the solicitor you hire to draft the agreement and the circumstances behind it. For example, if you have a higher net worth and more complex assets (such as overseas property), this will likely require a higher level of legal expertise and, therefore, cost more.
Our Prenuptial Agreement solicitors can provide clear advice on costs during your initial consultation with our team, giving you complete transparency.
Prenups have previously been seen as something only wealthy individuals tend to have, but they can protect your interests no matter the value of your assets.
A Prenuptial Agreement should be considered if you have assets that would need to be divided on divorce and you think this could be a source of conflict. What happens to the family home, savings, investments, pensions and a wide range of other assets are all issues that could be covered in a Prenuptial or Postnuptial Agreement.
We recommend you take independent legal advice at an early stage. Our team of family specialists can discuss with you whether what is being proposed is fair and draw up a bespoke agreement for the two of you based on your particular circumstances.
You may wish to talk through the agreement under the Collaborative Law Process where discussions take place face to face between you, your partner and the two collaboratively trained lawyers who are there to support and advise you both.
There is no specific timeframe for when you can have a postnuptial agreement drafted, meaning that one can be written at any point during a marriage.
Why choose Dutton Gregory for your Prenuptial or Postnuptial Agreement?
At Dutton Gregory, creating close professional relationships with our clients is important to us. You can be confident that you will receive an excellent service from friendly and approachable solicitors dedicated to assisting your every need.
The service we provide to clients is entirely bespoke and tailored exactly to your needs. We understand no two cases are the same and need their own personalised advice and guidance. For us to do this in the best possible way, we will take the time to carefully understand your case and your needs.
Our specialists have an excellent reputation for the prenuptial and postnuptial agreement service they provide, not just to those who live near our offices across the southern counties of Hampshire, Surrey and Dorset, but to clients across the county and the world, and offices in London and Liverpool.
Our experts will be available throughout the entirety of your case, informing you of each stage and ready to answer any questions you may have.
Our team of solicitors include a published family law author, award winners and nationally recognised and accredited professionals. We are proud to be a Legal 500 and Chambers and Partners recognised department, which is a directory for the best lawyers and departments in their fields. We also have a former Hampshire Law Society Solicitor of the Year, a Spears 500 recognised solicitor, a Legal 500 Leading Partner and Doyle’s leading lawyers. Our lawyers also hold The Law Society’s Child Law, Family Law and Advanced Family Law Accreditations.
Our lawyers are leaders in their field, appearing on BBC radio, national media and presenting webinars to other family lawyers as experts and industry leaders.
As well as providing legal advice, our family law solicitors are confident and capable advocates, meaning that they will be able to support you throughout your journey, from the initial meeting and throughout any court process.
Described in Legal 500 as;
‘Dutton Gregory have a formidable reputation on the South Coast. They have the ethics and style of a traditional law firm while having kept up-to-date with modern advances.’
Getting the right legal advice on your prenup or postnup is one of the most cost-effective decisions you can ever make. Ensuring the terms are right can save you many thousands of pounds, if not more, should you ever need to rely on the terms of the agreement.
For straightforward agreements, our team may be able to act on a fixed fee basis. For more complex scenarios, we will usually work to an hourly rate as this allows us to provide exactly the right level of support.
Get in touch with our experts
Our prenuptial and postnuptial agreements solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London.
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