Prenuptial Agreements

Our prenuptial agreement solicitors’ expertise

Our prenuptial agreement solicitors can help you put in place a bespoke document that protects your financial interests going into marriage or civil partnership.

We will talk you through the entire process, making sure you are aware of the implications of including or excluding certain terms. So, you can trust that the final document will fully reflect your wishes and that you are in the strongest possible position should you decide to end your relationship in the future.

We know that making a legal contract with your partner is not the most romantic way to start your married life together. But it is important to ensure both your interests are protected and that you are on the same page about financial matters.

Marriage is all about agreement, compromise and teamwork, and that does not work unless you are both clear about who owns what and what your financial responsibilities are. Having a prenuptial agreement in place can be a great foundation for your future together as well as helping you out if your relationship breaks down.

We aim to make the experience as simple and straightforward as possible, negotiating openly to secure you a fair agreement while reducing the chances of any discontent escalating.

Prenuptial agreements upon divorce or civil partnership dissolution

Our prenup solicitors also advise people who want to get a divorce or civil partnership dissolution, including advising on the interpretation and applicability of any prenuptial agreement or similar agreement you have in place.

Visit our Divorce & Separation page for more information about how we can help separating partners.

Why make a prenuptial agreement?

The law on how money and property is treated in marriages and upon divorce has been around for decades. But relationships have changed a lot in recent years. For example:

• People are less likely to get married early on in their adult life before they have accumulated much wealth or increased their income.
• Two-income households are more common than they used to be. In particular, women are much less likely to leave work after they get married.
• People are more likely to have more than one marriage in their lifetime, and/or children from previous relationships.

All these factors mean couples often get married or enter into a civil partnership already owning significant assets or having previous arrangements they want to protect.

There may also be other financial considerations that an individual would rather keep separate from the matrimonial finances, such as family inheritance, a business or future expected windfalls.

If any of this applies to you, you definitely need to consider making a prenuptial agreement.

You may also want to think about making a prenuptial agreement just to avoid any potential future conflict. The prenuptial agreement can help you sort things out if the relationship ever comes to an end. It also simply ensures that you are both entering into marriage with the same understanding of your finances, reducing the risk of any marital conflict arising.

What does a prenuptial agreement cover?

A prenuptial agreement can cover all the financial matters in your relationship and how they should be handled upon divorce or dissolution, such as:

• Defining who owns what in your relationship
• Setting out what should happen to the family home in the event of divorce or civil partnership dissolution
• Setting out how money and property should be divided upon divorce or dissolution
• Defining your debt liabilities and how bills, loans and other financial obligations should be paid after a relationship breakdown
• Setting out how pre-marital assets such as inheritance and businesses should be treated upon divorce or dissolution
• Setting out financial arrangements relating to children from prior relationships

Can you make a prenup after you get married?

Yes. This type of agreement is called a post-nuptial agreement, or post-nup.

Like a prenup, a post-nup sets out you and your partner’s agreement about how finances should be handled in the event of relationship breakdown. Some people choose to enter into a prenup, then make a post-nup after they get married to confirm or alter their financial arrangements.

Can you make a prenup if you are entering into a civil partnership?

Yes. These types of agreement are commonly called pre-civil partnership agreements or pre-registration agreements (or post-civil partnership agreements or post-registration agreements if entered into after your civil partnership ceremony).

Are prenuptial agreements legally binding?

In the UK, prenups are not technically legally binding. However, previous cases have shown that the courts will put significant weight on a prenuptial agreement so long as certain criteria are fulfilled, including:

• The prenup should be freely entered into
• The parties should both get independent legal advice
• Both parties should fully understand the agreement
• Both parties have been completely honest about their financial resources
• The parties should leave as much time before the wedding as possible to enter into an agreement
• The agreement is not unfair to the parties in the circumstances

Can we advise both you and your partner?

Unfortunately, your partner will need to find their own lawyer. This is because a prenuptial agreement will only be taken into account by a judge if both parties have sought their own independent legal advice.

Contact our prenuptial agreement solicitors in London and St Albans

Get friendly, practical advice about entering into a prenuptial agreement with your prospective partner. We can offer you a free initial telephone consultation to talk about how we can help and to provide a quote.