Ring-fence your individual assets

When you get married, all of your money, investments, and property become matrimonial assets.

Essentially, everything goes into one shared pot. If you get divorced, then you and your partner divide the assets equally.

If you’re happy with that arrangement, then there’s no need for a prenuptial agreement.

But sometimes it’s not fair or wise to split the assets equally. There may be certain things that you’d like to protect for yourself, or for your children.

A prenup can ring-fence these assets, so that they don’t go into the shared pot.

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Who should get a prenuptial agreement?

A prenuptial agreement might be a good idea for you if:

Perhaps you own a second-property that you bought by yourself.

Without a pre-nup your partner will have a right to some of this family money.

The business is an asset in divorce discussions. It can become complex when you have employees and other family members to think about.

You don’t just split the assets on divorce; you share in the debts too. A postnup will protect you from the debts accrued solely by your partner.

 Reserve certain assets for your children and protect their inheritance rights with a prenup.

The laws of their home country might apply to you and affect how you divide the assets.

If you’re raising children, and / or supporting your partner in their career, you’re unlikely to acquire the same amount of capital and assets during the marriage. But you’ve contributed in a significant way. This can be recognised in a postnup and you help you reach a settlement that reflect this sacrifice if you get divorced.

What's the process?

Getting a prenup in place is fairly straightforward.

1.      First, come in and have a chat with us.

We discuss your situation and let you know how we would help. Best practice is to get a prenuptial agreement in place at least 28 days before your marriage, so make sure you leave plenty of time.

2.      Disclose your assets

Each partner has to be transparent about the assets they own, and the debt they have acquired.

3.      We draft the agreement

We prepare a draft agreement for you to review. We can make changes to it if you’re not happy with any of the provisions.

4.      You review and sign the agreement

Once you’re happy with the agreement, each partner signs it in the presence of two independent witnesses.

5.      Keep a copy

You’ll return a copy to us for safekeeping, and you keep a copy for yourselves too. You should keep the terms of the agreement under review. If anything changes, we can update the agreement for you.

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Frequently asked questions

No, they are not strictly legally binding. But, they will be given significant weight by the family courts in the event of divorce.

So long as the agreement is reasonable, up-to-date, and drafted by a lawyer, then the judge will see it as good evidence of what you agreed should happen if you were to part ways.

You could write an agreement between you and your partner for what happens if you get divorced. But this will not hold the same weight as a prenuptial agreement during divorce proceedings.

For a prenuptial agreement to be valid, both partners must have received legal advice before entering into the contract.

The cost depends on how complicated your situation is. Typically, we charge between [xxx] and [xxx]

They’re essentially the same thing, but a prenup is signed before you get married and a postnup is entered into when you’re already married.

You should sign the prenuptial agreement at least 28 days before you get married.

No, it’s a common misconception that only the rich and famous have prenups. As people get married later, and acquire assets in their own name before marriage, it’s becoming more common for ‘normal’ people to have prenups. It’s a sensible, practical measure to protect your financial interests.

Awards & Recognitions

We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.

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