Pre-nuptial and Post-nuptial Agreements

If you are about to marry, you may want to think about having a prenuptial agreement to address what should happen if your marriage comes to an end, especially if you already have wealth acquired before your relationship or might acquire during the marriage.

Prenuptial agreements are particularly appropriate for people coming into a marriage with assets they want to protect, if they have family business interests, if the marriage is a second marriage, or for people likely to inherit or who are beneficiaries of trusts.

Circumstances can change during a marriage and you may then want to consider a postnuptial agreement or review a prenuptial agreement at that point.

Judges will uphold agreements in nearly all cases where there is a pre or postnuptial agreement, provided certain conditions are met, one of which is having had independent legal advice and so long as the other person’s financial needs are adequately met.

How We Can Help

Advise on the law as it currently stands in relation to nuptial agreements;
Identify the advantages and disadvantages of having a nuptial agreement in your case;
Prepare and negotiate the terms of the agreement, or consider the draft agreement prepared by your partner;
Advise on the likelihood of your particular nuptial agreement being upheld if your marriage/civil partnership breaks down;
Prepare your financial disclosure, and consider with you the nature and extent of the financial disclosure required from your partner;
Undertake with you any review of your nuptial agreement at suitable intervals during your marriage / civil partnership;
Liaise with professionals abroad in relation to the recognition and enforcement of your nuptial agreement in other countries;
Represent you in proceedings about upholding or enforcing a nuptial agreement.

Next Steps

For initial advice or to arrange a meeting with one of our team, please email family@bishopandsewell.co.uk or contact 020 7631 4141 and ask to speak to our Family team.