Pre and Post Nuptial Agreements
To avoid the uncertainty over what will happen to money and property should your relationship break down, our team can help you set up a prenup marriage agreement to protect your assets in the future.
As well as helping you navigate financial settlements, we also provide guidance on protecting your finances when embarking on a new relationship through a prenup marriage agreement. We are committed to doing the best we can to get the results that you want and will tailor our services to achieve your objectives whether you need a prenuptial or postnuptial agreement.
To avoid the uncertainty over what will happen to money and property should your relationship break down, our team can help you set up a prenup agreement to protect your assets in the future. Due to the complexities of these agreements, we recommend consulting a prenuptial lawyer.
What is a Prenup Marriage Agreement?
A prenuptial agreement (sometimes called a prenup, premarital agreement, or prenuptial contract) is an arrangement entered into by a couple before they get married. This agreement is designed to regulate what should happen if a marriage breaks down and ends in divorce, and provides peace of mind.
Why Choose a Prenup?
A prenup agreement is generally drawn up if a couple wishes to:
- Avoid having to split assets or property in the eventuality of a divorce
- Preserve inheritance
- Maintain control of their own respective businesses
- Ensure one party holds sole liability for their personal debt, with a debt clause
What Should a Prenuptial Agreement Include?
Each prenup agreement is tailored to each unique couple, but a typical prenuptial agreement may address the following:
- Inventory of each partner’s assets
- Details of how these assets should be handled in the event of a divorce
- Post-divorce financial arrangements for children from the current or previous marriage
What is a Postnuptial Agreement?
Some couples arrange a postnuptial agreement after marriage (also called a postnup or a post-marital agreement). It is designed to deal with the same situation as a prenuptial agreement – in other words, deciding what should happen to each partner’s assets after divorce.
Courts in England and Wales are now increasingly taking note of these agreements if they are correctly drawn up and executed.
Before obtaining a postnuptial agreement, it is a good idea to discuss the matter in-depth with your spouse or partner. You will need to agree on how you will split your assets and debts and take any future income into consideration. If you can agree on these matters, it will make the whole process of obtaining a postnuptial agreement after marriage much easier.
Once the postnuptial agreement is in place, you can still change and update the terms as your circumstances dictate.
What Should a Postnuptial Agreement Include?
A typical postnuptial agreement would include the following details:
- Assets and debts
- Payment of any outstanding debts
- Income and expectations of any gifts and / or inheritances
- Any future income or gains including property
- A list of personal and jointly-owned belongings.
- What will be covered in your will in the event of your death?
- How much maintenance will be paid to your ex-partner?
- How any property will be split? This would include second homes etc
- Insurance coverage, including life, medical, and disability
By contacting a prenuptial lawyer, you put yourself in the best position at a challenging time. Our team will be only too happy to discuss what type of agreement would be right for you.
Our divorce, family and child law team is here to help.
We can talk on the phone or arrange a meeting where we can discuss your options and give you a clear idea of timeframes and costs.
Alternatively, please contact us online and we’ll call you back when it’s convenient for you.
