Pre-Nuptial Agreements & Post-Nuptial Agreements
What is a Pre-Nuptial Agreement?
A Pre-Nuptial agreement (or prenup) is a legal agreement made between two people before they get married or enter a civil partnership. It sets out how their assets, finances, and property will be divided if the marriage or partnership breaks down in the future.
What Does a Pre-Nuptial Agreement Cover?
A prenup can include:
- Property ownership – Who keeps or sells the family home and any other properties.
- Savings & Investments – How joint and individual financial assets are divided.
- Business Interests – Protecting a business or family inheritance.
- Debts & Liabilities – Deciding who is responsible for any loans or debts.
- Spousal Maintenance – Whether one partner will provide financial support to the other after divorce.
- Personal Belongings – Clarifying ownership of valuable items, such as jewellery or artwork.
Are Pre-Nuptial Agreements Legally Binding in the UK?
Pre-nuptial agreements are not automatically legally binding in England and Wales, but courts will usually consider them if:
- The agreement is fair and does not disadvantage one party.
- Both partners had independent legal advice before signing.
- The agreement was made at least 28 days before the wedding.
- Both parties fully disclosed their finances and assets.
- Neither party was pressured or forced into signing.
Why Have a Pre-Nuptial Agreement?
- To protect assets (especially if one partner is wealthier).
- To safeguard family wealth, inheritances, or business interests.
- To avoid long, costly disputes in case of divorce.
- To provide clarity and certainty for both partners.
- In England and Wales, pre-nuptial and post-nuptial agreements are not automatically legally binding.
- However, courts are more likely to uphold them if both parties had independent legal advice.
- A solicitor ensures the agreement meets the necessary legal standards.
- Each party must have their own solicitor to avoid conflicts of interest.
- This ensures both partners fully understand their rights and what they are agreeing to.
- A solicitor will ensure the agreement is fair, as courts may reject an agreement that is too one-sided.
- They will help draft precise terms that reflect both parties’ intentions.
- Courts require both parties to provide full and honest financial disclosure before signing.
- A solicitor helps manage this process to avoid later disputes.
- If one party claims they were pressured into signing, the agreement could be challenged in court.
- Having a solicitor ensures that both parties enter the agreement voluntarily and with informed consent.
A solicitor can review and update the agreement if circumstances change, such as having children or receiving an inheritance.
No matter the complexity, our team is here to help you navigate these sensitive issues with care and expertise.Schedule your initial consultation today to learn how our experienced team can work towards a positive resolution for your case. Simply request a call back via the contact form, call us free on 0330 333 8797, or email info@wildings-solicitors.co.uk.
Book your initial consultation with our Family Law in Birmingham. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk for specialist advice.
