Prenuptial & Postnuptial Agreement Solicitors

The firm has an excellent reputation and a very high level of professionalism. They have excellent overview and strategy skills.

Chambers & Partners, 2023

Whether you are about to marry or have tied the knot and are living happily with your spouse, it can feel unromantic to think about what would happen if you split up. In some circumstances however it is sensible to ensure that certain financial assets – such as a business or inheritance – are secured for your future.

Prenuptial agreements (where you draw up an agreement before marrying) and postnuptial agreements (where you reach an agreement after marriage) give you this peace of mind. They can cover all of your assets or just key elements that you want to protect.

There are various reasons why you might want a pre or postnuptial agreement, including:

To avoid uncertainty and arguments over finances if your relationship ends
To protect money or assets that you have inherited and want to stay within your family
To preserve assets for any children from a previous relationship
To ensure you retain control of a business
To protect yourself from being liable for any debts your partner has

With decades of experience in UK family law – including challenging and changing the law – we can advise you on your options. We have worked on cases of all sizes, including many where one or both parties have significant wealth. Whether you have complicated assets or financial interests relating to previous relationships, we can help you arrange a prenuptial or postnuptial agreement that suits you.

We are recognised as one of the UK's leading family law firms and are accredited by independent legal guides Chambers & Partners and the Legal 500. With a network of offices across the UK, we offer a personal service, explaining things to you clearly and making sure you feel comfortable with every decision.

What Are Prenuptial and Postnuptial Agreements?

A prenuptial agreement is where you and your partner have a document drawn up to clearly define which financial assets – any cash, property rights, business assets, investments and so on - belong to you, and which belong to your partner.

Since an important Supreme Court case in 2010 pre-nuptial agreements are much more robust under UK law. They give you peace of mind because they protect your assets and ensure both parties are clear about what you would be entitled to if you separated.
A postnuptial agreement works in the same way, but is prepared after marriage.

Our specialist family law team is experienced in drafting prenuptial and postnuptial agreements. Our solicitors will start by understanding your circumstances and then recommend an agreement that is tailored to your specific needs. We understand that this is a personal document that should be treated with care and sensitivity.

We will ensure your agreement is jargon-free, using plain and simple language that both sides can understand. We can also help you weigh up the pros and cons of the different clauses and conditions so that you come to the right agreement.

If you need further information on how a prenuptial or postnuptial agreement could work for you, speak to a member of our knowledgeable team today. Call us on 0370 1500 100 or contact us online and we will get back to you as soon as possible.

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Who Should Consider Prenuptial and Postnuptial Agreements?

A prenuptial or postnuptial agreement can be particularly beneficial if you:

Have business or commercial assets that you wish to protect
Are marrying for the first time and you want to keep any assets owned prior to the marriage separate
Have already been through divorce and understand that an agreement can reduce complications if the relationship fails
Own properties that you want to protect
Have personal pensions, savings or inheritance that you want to protect
Want to preserve assets for your children, particularly in cases where your children are from a previous relationship.

We've worked on prenuptial and postnuptial agreements of all sizes, including high-net worth cases with multiple complex business interests and large assets. You can trust us to look after your interests and keep everything clear and transparent.

If you're interested in getting a prenuptial or postnuptial agreement, or just want some more information, call us on 0370 1500 100 or contact us online and we'll get back to you as soon as we can.

Are Prenuptial and Postnuptial Agreements Enforceable In UK Law?

Neither prenuptial nor postnuptial agreements are absolutely legally binding in the UK, however prenuptial agreements are much more robust. Provided both parties entered the agreement in the full knowledge of its implications and the agreement is not unfair at the time when the court is looking at it, then the court will generally uphold the agreement. There are certain criteria which must be met and it is important that independent legal advice is taken by each party.

A prenuptial or postnuptial agreement will therefore almost always influence your settlement if you divorce. If you and your partner are trying to agree your divorce together, these agreements could help that process run more smoothly, as both of you will be clear on the commitment you made to each other regarding your finances. This may help to keep your divorce out of court, which usually makes the process quicker and cheaper.

If your case goes to court, prenuptial and postnuptial agreements which have been properly entered into will be used by a judge to inform their decision if the agreement is considered to be fair and genuine.

For more information on these agreements and how they might support you, speak to a member of our expert team today. Call us on 0370 1500 100 or contact us online and we'll get back to you as soon as possible.

I live in Scotland, can Irwin Mitchell help me?

Our expert family law team works with a number of trusted partners to help our clients with family law issues in Scotland.

We’ll be your point of contact and manage the entire process for you throughout. You’ll get frequent progress updates and we’ll break down any legal jargon into plain English so you’re always in the loop.

To find out more about how we can help, give us a call on 0370 1500 100 or contact us online.

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