Pre-nuptial and post-nuptial agreements
Pre-nuptial agreements, or more commonly referred to as a ‘pre-nup’, are a contract that some couples choose to enter before they get married or have a civil partnership to regulate the position when their relationship ends.
Despite misconceptions that prenups are only for high-net-worth individuals, pre- and post-nuptial agreements are becoming more widely used by UK couples looking to protect their assets and plan for the future.
Post-nuptial agreements have the same purpose, only they are signed during the marriage or civil partnership, rather than before.
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Are pre-nups legally binding in England and Wales?
While prenups are not legally binding in England and Wales, the Family Court will take them into account in divorce proceedings as long as they are entered into freely with plenty of time before the marriage or civil partnership, with full financial disclosure and both parties have received independent legal advice.
If you and your spouse/civil partner separate the court will consider all the circumstances of the case in deciding what is a fair settlement and courts are now considering a pre-nuptial agreement as part of these circumstances. Even if the court does not uphold the terms of the pre-nuptial agreement the terms of the agreement may still prove a significant factor in its decision and can provide a starting point for negotiations. It is therefore far better to have such an agreement in place, rather than nothing at all.
How can we help you with pre- and post-nuptial agreements?
Although thinking about the end of your marriage before it’s even begun can feel pessimistic, our Family Law experts can help you put a pre-nup in place and ensure both you and your partner get the protection you need.
Within a pre-nup or post-nup, you can include clauses covering:
- What happens to any property owned by either partner before marriage or property acquired during the marriage
- How savings, investments or pensions will be divided
- Protection of family businesses or gifts
- Responsibility for debts
- Provision for children from previous relationships
- Agreements on future financial support
- Protecting an investment provided by a relative to one member of the married couple
You can also have a pet-nup, which outlines who would be the primary carer of pets in the event of separation or divorce.
We’re on hand to answer any questions you have about pre-nuptial agreements and post-nuptial agreements to take the awkwardness out of protecting your assets.
Book a consultation with our family law specialists
