PROTECTING YOUR ASSETS
The purpose of a prenup is to protect your pre-marriage assets and try to avoid the animosity and cost of having to deal with a financial dispute if the marriage breaks down. Our prenuptial agreement solicitors can help.
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.
We offer fixed-fees so you know our costs before you start.
FIXED-FEE PACKAGES FOR STRAIGHTFORWARD PRENUPTIAL AND POST-NUPTIAL AGREEMENTS, SO YOU KNOW YOUR COSTS BEFORE YOU START
Penups for civil partnerships
A pre-civil partnership agreement which works in the same way that a pre-nup does.
How we can help
We can help you draw up a prenuptial agreement to protect your assets. If you are being asked to sign one, we can explain exactly what claims you’re giving up and advise you on how to proceed. Please get in touch.