At Straw & Pearce our family law specialists provide clear, practical advice on pre-nuptial and post-nuptial agreements. 

A pre-nuptial agreement (commonly called a “prenup”) is a legal document made between two people before marriage or a civil partnership. The document records what will happen to your assets, income, and property should the relationship end in a separation or divorce.

Pre-nups are especially useful where:

• One or both partners have significant pre-marital assets
• There are family businesses or inheritances to protect
• There are children from a previous relationship
• One partner has more debt or different financial responsibilities

While pre-nuptial agreements are not automatically legally binding in England and Wales, courts will generally uphold them if they are fair and properly prepared.

A post-nuptial agreement is similar to a pre-nup, but it is entered into after the marriage or civil partnership has taken place.

Couples often choose a post-nuptial agreement to:

• Reconfirm or update a pre-nup
• Reflect changes in circumstances (e.g. inheritance, business growth, children)
• Provide reassurance after a period of marital difficulty

Just like pre-nups, post-nuptial agreements must be made fairly, with both parties fully understanding the terms and obtaining independent legal advice.

It is important to note however that whilst the UK courts have discretion, both pre- and post-nuptial agreements are increasingly recognised and upheld, provided certain conditions are met.

• Both parties must receive independent legal advice and this should be recorded on the document and signed by each part’s lawyer.
• Both parties must provide full financial disclosure.
• Each party entered into the agreement free from pressure or duress.
• The agreement provides fairness and meets the needs of each party.

Having a well-drafted agreement that incorporates the above can strongly influence how a court decides financial matters in a divorce.

These services are charged at an hourly rate however prior to instructing us on an hourly rate basis, you could take advantage of our one hour fixed fee meeting which will provide you with general initial advice regarding the appropriateness of such an agreement in your case. The fixed fee meeting is charged at a rate of £180 including VAT.

For more information on nuptial or nuptial agreements, get in touch with a member of our team today.