Whether you are about to marry or have already tied the knot, it can feel unromantic to think about what would happen if you split up. However, depending on your circumstances, it's sensible to
Pre-nuptial agreements (where you draw up an agreement before marrying, also known as a pre-marital agreement) and post-nuptial agreements (where you reach an agreement after marriage) give you this peace of mind. There is no one size fits all and our experts can advise you about different options and structures to suit you and your lifestyle.
With decades of experience in UK family law – including challenging and changing the law in the case of Brack v Brack in the Court of Appeal in 2018 relating to the enforcement of international pre-nuptial agreements in the English Court – 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. We can deal with any case: whether you have complicated international assets, inherited wealth (including generational wealth protection), or if you are marrying later in life, we can help you arrange a pre-nuptial or post-nuptial agreement that suits you.
Our experts are experienced in representing clients on both sides of a nuptial agreement and are here to help you with any negotiation.
Contact us to discuss your options, no matter your circumstances.
What a pre-nuptial and post-nuptial agreements?
A pre-nuptial (pre-marital) agreement is where you and your husband or wife to be have a document drawn up to clearly define which financial assets belong to you, and which belong to your partner, as well as what will happen to those assets in the event of a divorce. This can include any cash, property rights, business assets, pensions and investments. An agreement can also deal with claims for spousal maintenance where appropriate.
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 they would be entitled to if there was a divorce.
A post-nuptial agreement works in the same way but is prepared after marriage and are commonly used where there has been a significant change in financial circumstances.
Our specialist family law team is very experienced in drafting pre-nuptial and post-nuptial agreements. Our solicitors will start by understanding your circumstances and then recommend an agreement tailored to your specific needs. We understand that this is a personal document that should be treated with care and sensitivity.
It is our job to make sure that you understand what you are agreeing to, and 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.
Why choose Irwin Mitchell to set up your pre-nuptial or post-nuptial agreement?
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. If easier for you, we can also speak via email, phone, or video call.
We'll explain things to you clearly and make sure you feel comfortable with every decision.
Recently, we acquired Silk Family Law, a firm of specialist solicitors whose knowledge of the family law sector is invaluable. Their experts are now part of our Family Law team, enhancing our already established level of specialist knowledge and experience.
You’ll also be able to access the expertise of other legal sectors while working with us. If you wish to create or amend an existing Will, our Wills team will be on hand to advise you.
If you and your partner do decide to separate in the future, our expert divorce lawyers can give you robust legal representation and advice about enforcing your agreement, ensuring your best interests are protected. We can also work to settle divorces out of court, keeping the process as stress-free and cost-effective as possible.
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