Pre and Post Nuptial Agreements

Our family law experts can guide and assist you through the process of setting up a pre or post-nuptial agreement.

We handle all these cases intending to ensure that your assets are protected should the relationship breakdown to a point beyond repair.

Our team have a strong reputation for handling these types of agreement. We also understand the potential implications of these agreements and are committed to protecting your interests.

What is a Pre-Nuptial Agreement?

A pre-nuptial agreement is a contract entered into by a couple before a marriage or civil partnership setting out how finances and assets will be divided following the breakdown of the relationship.

These agreements are becoming more and more popular with many couples, especially those with substantial pre-marriage assets and those embarking on second marriages.

What is a Post-Nuptial Agreement?

A post-nuptial agreement contains many of the same provisions as a pre-nuptial agreement but is a contract entered into after a couple marry or enter a civil partnership.

This type of agreement provides more certainty than a pre-nuptial agreement, and it is recommended that any ‘Pre Nup’ is converted into a ‘Post Nup’ after marriage as this will provide a better chance to regulate your finances on or after a relationship breakdown.

What do these agreements include?

The contents of each of these contractual agreements will vary based on individual circumstances, however, they will normally contain provisions for the division of property and assets along with provisions relating to maintenance.

Marrying couples can agree to include whatever they want in a pre-nuptial agreement, but there is no guarantee that the Agreement will be upheld if challenged at court. They do still offer good guidance for a court dealing with the consequences of a relationship breakdown.

Pre-nuptial agreements are becoming more common as a means of safeguarding wealth where one party to a marriage/civil partnership has assets they want to protect in the event the relationship breaks down.

Pre-nuptials are becoming increasingly important as people try to protect inherited assets or assets acquired before the marriage. They are usually the basis of any post-nuptial agreement with a common provision in many pre-nuptial agreements that it will be transposed into a Post Nuptial Agreement post-wedding or civil partnership.

What is the legal standing of these agreements?

Pre-Nuptials

Historically, Pre-nuptial agreements have not been considered legally binding in England and Wales, despite the Supreme Court judgment in the case of Radmacher v Granatino.

The legal position remains that a court will look at each case individually and consider the following:

• If there has been complete financial disclosure
• If the agreement was entered into in good time, at least three weeks before the wedding
• Whether there has been excessive influence on either party
• If independent legal advice has been taken by each party

The court may still uphold the terms of a pre-nuptial agreement even if these criteria are not met.

Post-Nuptials

A Post Nuptial Agreement is different, in that it falls within the definition of a ‘maintenance agreement’.

Post Nuptial Agreements are binding unless there is a good reason for them to be void or unenforceable

The Supreme Court has said that: “The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.

These agreements need to be:

• Freely entered in by both parties
• Both parties need to be properly advised
• Both parties need to understand in terms of the agreement’s effect
• Any agreement needs to be fair and subject to full financial disclosure by both parties

Contact Us

You can rely on Knightsbridge Solicitors to support you with your family and relationships. Our experienced team are ready to help you. Contact us today on 0115 824 1700 to arrange a free 30-minute consultation or get more information.