Family Law

Pre and Postnuptial Agreements In Solihull

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It might not be the most romantic topic, but a pre or postnuptial agreement can strengthen your relationship. When you enter into a marriage or a civil partnership with a plan in place for separation, you can focus on what matters the most.

As the name suggests, a prenuptial agreement is created in advance of your wedding or civil partnership. It is typically created between 2-3 months ahead of your ceremony. A postnuptial agreement can be created at any time after you are married. If you significantly increase your wealth following marriage, it can be helpful to know how this will be divided should your relationship break down. We can help to bring clarity and expertise to your situation, ensuring you create an agreement that is fair and balanced.

Pre and postnuptial agreements explained

If your relationship should break down, a pre or postnuptial agreement will determine how your assets are divided following a divorce or dissolution of your civil partnership. Having clear guidelines in place can help many couples to strengthen their relationship. For example, this type of agreement can create financial consequences for infidelity. We help couples to set the parameters of their agreements, ensuring fairness and transparency. A pre or postnuptial agreement can:

  • Determine who is entitled to marital assets

  • Protect inheritance for children and grandchildren

  • Determine financial consequences for divorce or dissolution

  • Protect one spouse from a partner’s debt

  • Allow one partner to retain control of a business

When business interests are involved, we recommend speaking to our company formation team. We can also provide support and guidance on wills, trust and probate.

Frequently asked questions

What is the purpose of a prenuptial agreement?

A prenuptial agreement is a legally binding document that will outline what should happen in the event the relationship breaks down. This can help to manage expectations and ensure everyone is on the same page. It also paves the way for entering into a legally binding union. A prenuptial agreement is a safeguard for assets secured before the marriage.

Are prenuptial agreements legally binding in the UK?

While not strictly enforceable in UK courts, judges will place significant weight on the presence of a prenuptial agreement. This will only be the case if the prenuptial agreement is properly drawn up, both parties have been transparent about their assets, and both parties secured legal advice before signing the agreement. Judges will often use the prenuptial agreement as a basis for ruling on financial settlements.

How can I protect my assets without a prenup?

A postnuptial agreement can be utilised to protect premarital assets. Without a prenuptial or postnuptial agreement, assets will be divided fairly following a divorce.

Are postnuptial agreements legally binding?

While not currently legally binding in England and Wales, a judge will consider a postnuptial agreement in their ruling. The responsibility does not lie on the courts to determine why a party should be held to a postnuptial agreement, but instead lies on the party to demonstrate why they should not be held to a postnuptial agreement. This is why it is important to consider the consequences of signing a postnuptial agreement.

Our specialists in Pre and Postnuptial Agreements

Nicholas Thomas

Managing Director

Stephanie Howard

Associate Solicitor

Hannah Smith

Trainee Solicitor

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