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Prenuptial Agreements

At K J Smith Solicitors, we are fully qualified and highly skilled in preparing prenuptial agreements for couples who wish to protect their finances or assets should the worse happen.

The unfortunate reality is that more and more marriages and relationships come to an end, resulting in a number of difficult decisions regarding financial and property matters. Prenuptial agreements are useful tools that allow couples to agree from the outset on how these difficult decisions will be made if their relationship breaks down.

What is a prenup?

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A prenuptial agreement, or prenup, is a legal document that outlines how assets will be divided between a married couple in the event of a divorce. Prenups are drawn up before the marriage takes place whereas a post-nuptial agreement is signed after the couple is already married.

In many cases, prenuptial agreements are put in place when one partner has or is likely to acquire, more assets (financial or otherwise) than the other. This could include individuals who have a large inheritance or land and business owners.

Why get a prenuptial agreement?

Prenups aren’t just for the rich and famous, they can be used by anyone who wishes to protect their assets in the event of a divorce or separation. Not only can a prenuptial agreement protect your own assets but it can also be used to shield yourself from any debts that your partner may have, as well creating provisions for your children, such as protecting their inheritance.

To learn more about how a prenup could benefit you, contact us today for a free 45 minute consultation or get in touch with your local branch.

Are prenuptial agreements legally binding?

Prenups are not, currently, legally binding in the UK. However, there is instance where an agreement is more likely to be upheld in court, these instances are when:

  • The agreement was signed more than 28 days before the marriage took place.
  • The terms of the agreement are reasonable.
  • The agreement has been kept up to date throughout the course of the marriage.

In order to keep a prenup up to date, you should regularly review the terms and adjust them where necessary. For example, if you and your partner have children, you should include any provisions for them within the agreement.

How do you create a prenup?

In order to maximise the protective effect they can offer, parties need to ensure that their agreement meets very specific criteria. The law surrounding these documents can be complicated.

This is where we are able to help, offering clear and pragmatic advice at the outset, which can be more cost effective and less stressful than dealing with it later, at the time of a separation or divorce.

Looking to create a prenup but are already married?

If you wish to draw up a prenuptial agreement but are already married, then a postnuptial agreement would be more appropriate for your situation. A postnuptial agreement is a written agreement, similar to a prenuptial agreement, that is executed after a couple has been married.

Visit our postnuptial agreements page or get in touch with our expert team of solicitors to discuss your requirements further.

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Free, no obligation consultation

We offer a free initial 45 minute consultation to give you the opportunity to meet us and find out more about pre- and post-nuptial agreements before deciding if you wish to proceed in instructing us to act on your behalf.

For more information about arranging a Prenuptial Agreement or Post-nuptial Agreement, please contact K J Smith Solicitors on 01491 630000 (Henley on Thames), 0118 418 1000 (Reading Head Office), 0118 418 1200 (Reading Central), 01256 584000 (Basingstoke), 01483 370100 (Guildford), 01494 629000 (Beaconsfield), 01344 513000 (Ascot), 01635 785 100 (Newbury), 01962 587900 (Winchester), 0204 599 7400 (Richmond) or email info@kjsmith.co.uk.

We also serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, Wokingham, Pangbourne, and High Wycombe.

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All our offices are easily accessible by road, rail or bus and we are open Monday to Friday from 8:30am to 6:00pm. With today's busy schedules, we offer telephone appointments outside normal office hours until 9pm on Thursdays and between 10am and 3pm on Saturdays.

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If you would like to visit our team of family solicitors, we have offices in Henley-on-Thames, Woodley, Reading (Head Office), Reading (Central), Basingstoke, Guildford, Beaconsfield, Ascot, Newbury & Winchester. We serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, High Wycombe and Wokingham.

Why not contact our team of divorce solicitors for a free initial consultation today? We offer a free initial consultation that can take place in any one of our offices or over the telephone.

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