Prenuptial / Postnuptial Agreements

A Prenuptial Agreement is effectively a contract entered into before you are married or enter into a civil partnership. If you are already married you can enter into a Postnuptial Agreement to achieve the same objective. Our dedicated Family Team can work with you and your partner to set out in the agreement how your assets will be divided between you should your relationship break down.

They are usually used to protect pre-acquired wealth of one or both of the parties to a marriage or civil partnership, for instance property, shares, pensions or business interests. They can also provide you with greater clarity as to how your assets will be divided should you separate, so as to avoid the uncertainty, potential cost and the risk of the emotional issues impacting upon judgement of addressing that issue at the end of the relationship.

It is important to note that Prenuptial Agreements are not automatically binding in England and Wales but are likely to be upheld in most cases so long as certain factors have been considered by the parties when entering into the agreement. We can assist with the drafting of your agreement and can advise you on the relevant factors which must be considered to ensure the agreement is more likely to be upheld.

For more information, see our article ‘Should I get a pre-nup?’ or contact the team to discuss your individual circumstances.