Pre and Post Nuptial Agreements

Both prenuptial and post nuptial agreements in the UK are legal documents drawn up between a couple (in the case of a pre-nup before their marriage and post-nup after the marriage) to outline how each of their assets will be divided between them in the event of a divorce.
Assets including property, debts and income are usually covered in a typical prenuptial agreement to help couples avoid any financial surprises if the relationship were to break down in the future.
Prenuptial agreements are more likely to be put in place when one partner already has, or is likely to acquire, more assets than the other. For example, those with a large inheritance, landowners, business owners or couples who are marrying in later life or who may be entering into a second marriage.
The key purpose of both prenuptial and postnuptial agreements are to provide clarity for couples around how their assets will be divided in the event of a relationship breakdown and the exact details vary depending on your case.
Typically, prenuptial & postnuptial agreements terms cover:
  • Protecting children’s inheritance or specific assets
  • Protecting inherited money, assets or savings
  • Giving you both a say in how assets will be split if you decide to divorce
  • Allowing one partner to retain full control of business ownership
  • Protecting you from your partner’s debt
Whilst both prenups and postnups are not currently legally binding in the UK, they are becoming more and more accepted by the courts as proof of a couple’s intentions should they wish to divorce in the future.
In the recent case of MN v AN [2023] EWHC 613 (Fam), Mr Justice Moor delivered a judgment that reinforces the English court’s commitment to upholding valid prenuptial agreements. This landmark decision highlights the importance of carefully crafted prenuptial agreements, shedding light on the court’s approach when faced with challenges during divorce proceedings.
A pre or post-nuptial agreement can only be drafted by a qualified solicitor. We can advise you on how best to create an agreement between you that is fair, clear and dignified for both parties.
Our fees are extremely competitive with a very high service delivery.
Additional information about our fees and charges for pre and post nuptial agreements can be found here: Pricing

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