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Pre-nuptial and post-nuptial agreements

A pre-nuptial agreement (prenup) is a common, sensible and pragmatic way to protect your assets prior to getting married or entering a civil partnership.

If you’re already married or in a civil partnership, it’s also possible to enter into a postnuptial agreement (postnup).

Both prenups and postnups essentially act as ‘insurance policies’ — safeguarding trusts, businesses or other assets in the event of any dispute during future divorce or dissolution proceedings.

Our award-winning family law team is experienced in providing realistic and sound advice in relation to both pre- and post-nuptial agreements. We understand how hard it can be to talk about what may happen if you separate before you’re even married. That’s why we work closely with you to manage the emotion of the situation and take steps to minimise any conflict or raised tensions when negotiating terms.

We work closely with our private client law experts to carefully draft the terms of such agreements — often acting for wealthy individuals and families as well as celebrities and entrepreneurs — and work with complex assets such as businesses and trusts, so you can have confidence that you’re speaking to the experts. We always go the extra mile to ensure that your prenup is signed prior to your wedding date and help you to achieve your objectives.

As experts in international family law, we also assist with prenups and postnups where assets are based in different countries worldwide. This expertise is bolstered by our memberships with the Association of European Lawyers and Eurolegal. We can create mirror agreements or liaise with international lawyers to ensure that an agreement will be valid in multiple jurisdictions.

Find out more by reading our FAQs below.

Considering a prenup or postnup? Talk to us by completing our contact form below.

FAQs

  • What is a prenup?

    A prenup is an important document that has legal consequences. It works a bit like an insurance policy, helping you and your partner to plan in advance what will happen if your relationship breaks down after marriage. A prenup can make the process of divorce easier, cheaper and less stressful.

  • What is a postnup?

    A postnup is common where there might be a key change in a person’s financial position during a marriage or civil partnership, such as receiving inheritance or selling a business.

  • Should I get a prenup?

    The main reason why people enter into a prenup or postnup is that they have something to protect. This might be a business, property or investment.

    Even if you don’t have something to protect immediately, you may be anticipating a future windfall or inheritance and a prenup can help you to plan ahead.

  • When should I get a prenup?

    Ideally, you should try to see a solicitor at least three months before your wedding to ensure that the prenup can be signed 28 days before you get married.

  • Is a prenup legally binding?

    While such agreements aren’t legally binding under the law of England and Wales, they can be highly persuasive to a court.

  • Is a prenup unromantic?

    While there may well be more romantic topics to discuss ahead of your wedding day, entering into a pre-nuptial agreement is a common and sensible precaution if you wish to create legal and financial certainty in the event of a future separation.

    As every prenup is a bespoke document, you and your partner can collaborate on what goes into it — and it may even help you to agree some of the financial arrangements for your life together.

  • Can I change a prenup after marriage?

    Prenups can be reviewed or revised following marriage. Some agreements might be reviewed after a significant event, such as redundancy, bankruptcy or the birth of a child.

    By reviewing the agreement, you’re ensuring that the terms are still fair and reasonable. It’s essential that any marital agreement meets the needs of any children and their main carer.

    Once a couple are married, the revised agreement will then be known as a post-nuptial agreement (or postnup).

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