Pre-nups and post-nups

Limiting financial uncertainty if your marriage comes to an end.

Pre-marital agreements

Pre-marital agreements – sometimes referred to as pre-nuptial agreements or pre-nups – set out what is intended to happen to pre-marital assets in the event of a breakdown of the marriage or civil partnership.

They can be particularly useful if you are bringing significantly more assets into the relationship – such as property or a business. They also help to protect family money you have inherited as well as family Trusts. Pre-nups can also protect you if the person you are marrying has significant debt.

Prenups are increasingly common in second marriages where the parties are keen to protect assets which they have previously built up.

Although these pre-marital contracts are not binding under English Law, there is a trend towards the Courts recognising Pre-marital agreements and attaching weight to them where the terms are seen to be reasonable.

Post-marital agreements

Also known as post-nuptial agreements or post-nups, these are entered into after a couple marries or enters a civil partnership.

Sometimes couples planning separation or divorce decide to reconcile. It is possible to enter into a post-nuptial agreement to determine the division of assets if the reconciliation is unsuccessful. Whilst they are not yet binding under English Law they may be persuasive on a subsequent breakdown of marriage.

Protecting assets and inheritances

Nuptial agreements, set out what is intended to happen to assets in the event of a breakdown of the marriage. Although nuptial contracts are not binding under English Law, there is a growing trend towards the Courts recognising them and attaching weight to them where the terms seem reasonable.

We can draft your agreement, or review an existing one and advise on your position, should your relationship come to an end.

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