If you are about to marry or enter into a civil partnership, 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.
Nuptial agreements are the best way of protecting assets in the event of divorce. An agreement will provide certainty of outcome in the event of divorce as opposed to the wide discretion that a judge will have.
Judges will uphold agreements in nearly all cases where there is a pre or postnuptial agreement, provided certain conditions are met, including having had independent legal advice and so long as the outcome is not manifestly unfair.
How We Can Help
- Identify the advantages and disadvantages of having a nuptial agreement.
- Prepare and negotiate the terms of the agreement, or consider the draft agreement prepared by your partner’s lawyer.
- Advise on the likelihood of your particular nuptial agreement being upheld if your marriage breaks down.
- Undertake a review of your nuptial agreement at suitable intervals during your marriage.
- 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.
For initial advice or to arrange a meeting with one of our team, please email email@example.com or contact 020 7631 4141 and ask to speak to our Family team.