Pre-Nuptial and Post-Nuptial Agreements
What is a Pre-Nuptial Agreement?
A pre-nuptial (or pre-marital) agreement is an agreement made by a couple before they marry or enter into a civil partnership, which sets out how they wish their assets to be divided if they should divorce or have their civil partnership dissolved.
Are Pre-Nuptial Agreements Legally Binding?
A common question we come across is ‘are prenuptial agreements enforceable in the UK?’, or to put it more accurately, ‘are prenuptial agreements legally binding in the UK?’.
A pre-nuptial agreement in UK law is not automatically legally binding but will be upheld by a court so long as it meets the qualifying criteria, which have been set by the Supreme Court and further reviewed by the Law Commission, which are as follows:
The agreement must be freely entered into.
Both parties must understand the implications of the agreement.
The agreement must be fair.
The agreement must be contractually valid.
The agreement must have been made at least 28 days before the wedding.
There should be disclosure about the wider financial circumstances.
Both parties must have received legal advice.
It should not prejudice any children
Both parties' needs must be met
When Should you get a Pre-nuptial Agreement?
These agreements aren’t suitable for everyone. They are particularly used when one half of the couple has, or is likely to have, significantly more assets than the other. This may be the case for people who have a large inheritance, or are land owners, business owners, or people marrying in later life or after a previous marriage.
What is a Post-Nuptial Agreement?
A post-nuptial agreement is an agreement entered into after marriage or civil partnership that regulates the financial terms of separation, divorce or dissolution. In the case of civil partners, they are sometimes referred to as post-civil partnership agreements or “post-cips”.
How much does an agreement cost?
Agreements, whether pre-nuptial or post-nuptial are always drafted as bespoke documents to fit the requirements of the couple, with both parties having a solicitor of their own. For this reason there is no one size fits all fee and costs range depending on the complexity of the agreement and the nature of the negotiations. We would be happy to discuss this with you at our free initial appointment.
With so much to consider, you need to have the best legal expertise on your side. Our solicitors have decades of experience and are also members of Resolution, which means we are committed to promoting a constructive approach to family issues that considers the needs of the whole family. We offer a personal service, ensuring you are supported every step of the way.
