Prenuptial Agreements

Prenuptial Agreement Solicitors

With a large and highly experienced team of specialist family lawyers in many locations, wherever you are in the UK, we can advise and assist you on whether a prenup agreement is right for you, and the important considerations. We draft, review and negotiate many prenuptial agreements every year and offer a practical. proactive and value for money legal service.

What is a prenuptial agreement?

A prenuptial agreement (or ‘pre-nup’) is a contract that offers legal protection for assets you currently have. This can also include any future assets such as inheritance from relatives. The purpose of entering into a pre-nup is effectively to protect pre-acquired assets or inheritance.

Reasons to enter into a prenup agreement

The most common reasons for considering a prenuptial agreement include :-

Where 1 of the parties has or potentially will inherit a significant amount of family money.
Where 1 of the parties is a lot more wealthy than the other.
Where 1 of the parties is a significant shareholder in a business and there are implications on divorce for other shareholders unless a prenup is in place.
With a 2nd marriage especially where the parties have children and want their children to be protected financially.
Private companies where there are shareholders agreements in place
Where there may be a debate as to in which country divorce proceedings will be heard

Is a prenup legally binding under English law?

Not at present but the courts can take a prenup into account in any later divorce. For an agreement to have the best chance of being upheld, in full or in part, by the Court on divorce, you will need to follow the recommended guidelines as to best practice (see below) to ensure that the agreement is fair :-

Before the agreement is drawn up, there will need to be full and frank disclosure of each person’s financial position.
There must be no pressure or undue influence to sign. You should allow a sufficient period between having the agreement drawn up and signing and both parties should get independent legal advice before signing.