Pre-Nuptial & Post-Nuptial Agreements
At Advantage Solicitors, we provide tailored legal support for couples seeking clarity and peace of mind before or after marriage. Whether you’re planning your future together or adjusting to changes, our experienced family law team can draft fair and enforceable pre-nuptial or post-nuptial agreements that reflect your intentions and safeguard your interests.
- 0208 807 1676
Pre-Nuptial & Post-Nuptial Agreements Services
We understand that entering into a marriage or civil partnership is one of the most important steps in life.
Many couples look to protect their personal assets, ensure clarity on financial matters, or avoid potential disputes in the future. We have specialist knowledge in this field and we can help you through the process of creating an agreed pre-nuptial or post-nuptial agreement.
Key Benefits of a Pre-Nuptial Agreement:
Asset Protection: Safeguard personal property, family inheritances, or business interests.
Asset Listing: Property, stocks, pension, and high-end jewellery/art, etc.
Liability Allocation: Clauses in the agreement will be included indicating who is accountable for debts and liabilities (if any).
Financial Clarity: Set clear expectations for financial arrangements and spousal support in case of separation.
Conflict Prevention: Minimise potential conflicts by addressing financial matters early on, reducing the need for lengthy and costly litigation if the marriage ends.
Peace of Mind: Both parties can enter the marriage with a clear understanding of their financial positions.
Our Approach
Our solicitors work closely with you to understand your individual circumstances, ensuring that the pre-nuptial agreement is fair, clear, and enforceable. We offer sensitive, comprehensive legal advice to ensure that both parties are protected and that the agreement meets your needs and intentions.
Key Benefits of a Post-Nuptial Agreement:
Flexibility: Address changes in circumstances after marriage, such as the growth of assets or a change in financial standing.
Asset Protection: Protect personal assets or family wealth that has accumulated during the marriage.
Conflict Resolution: Establish clear guidelines for property division and financial matters in case of a future divorce or separation.
Clarity in Complex Financial Situations: Help couples navigate complex financial issues, especially in second marriages or where one party has children from a previous relationship.
Typical Documents for Prenups and Postnups
To ensure your agreement is legally binding in the UK, the following documents are generally required:
Proof of identity (passport or driving licence)
Financial disclosure forms detailing assets, income, debts, and pensions
Valuations of property, savings, and investments
A draft of the proposed terms and conditions of the agreement
Are They Legally Binding?
Please note that prenuptial or postnuptial agreements are not automatically legally binding in the UK. UK Courts don’t have to enforce them.
The Courts here decide the financial settlements based on factors like income and responsibilities referred to in Section 25 of the Matrimonial Causes Act 1973 or Schedule 5 of the Civil Partnership Act 2004.
The agreements have existed here for years, but they are not recognised. This was put forward by a case in the Supreme Court where the judge said that these should be upheld only if both partners entered into them freely with full disclosure and if the terms are fair. The Courts give them weight, but these are not legally binding.
Notwithstanding the above, if drafted properly and if the key elements have been observed, they are likely to be upheld by the court and to be effective.
Key Elements for Pre-Nups:
(a) Full financial disclosure on both sides
(b) No pressure (e.g., of a looming marriage date), and space for the parties to properly consider the agreement. The agreement should be completed and signed at least 21 clear days before the marriage takes place
(c) Independent legal advice on the detail of the agreement to be taken by the parties before signing
(d) Both parties must sign the agreement
Contact us today to discuss your case with confidence.
At Advantage Solicitors, our Family Law department offers professional and compassionate support across a wide range of matters, including divorce, financial settlements, child arrangements, and domestic issues. We aim to resolve disputes effectively while safeguarding your rights and the best interests of your family.
How Can We Help You?
We aim to resolve disputes effectively while safeguarding your rights and the best interests of your family. With a clear understanding of the sensitivity involved, our family lawyers are here to provide tailored advice and practical legal solutions.