When you’re planning a wedding or recently married, thinking about what to do if you split up might be the last thing on your mind.
But having a well-drafted Prenup or Postnuptial agreement can make a big difference if you divorce, so it’s well worth being prepared.
Our Family Solicitors can offer you specialist legal advice and assistance with drawing up these agreements, so they meet your specific needs.
We can advise you on everything from how to protect your assets and income when you marry, or after you’re married, and what to do if your circumstances change.
Our approachable and highly skilled team will offer practical legal advice that’s tailored to your unique needs. And we’ll speak to you in plain English, so you’re never left in doubt what’s going on at any stage.
Contact us for initial advice to see how we can help you.
More on Prenup and Postnup Agreements
In legal terms, once a couple is married, all of their assets become matrimonial assets.
So if you separate or divorce without a Prenup or Postnuptial agreement in place, the Courts may decide how your wealth should be split - rather than you.
That’s where our expert Family Solicitors can help, and we can also provide a second opinion.
We have considerable expertise in the following areas:
- Drafting and Negotiating Prenup and Postnuptial Agreements
- Advice on Jurisdiction
- Advice on Trust Assets
- Advice on Divorce without a Prenup or Postnuptial Agreement
- Advice on Mediation Strategy
There are many reasons why drawing up a Prenup or Postnuptial agreement is a good idea.
- Are you getting married for the first time and worried that if it doesn’t work out, you could be financially worse off?
- If this is your second marriage, do you want to protect the financial settlement you received from your first marriage?
- Have you generated significant wealth during your working life and want to ensure you’ve got something to leave in your Will for your children?
- Are you a widow or widower thinking about remarrying and want to protect your possessions?
- Do you have a high earning capacity and wish to cap maintenance provisions, which in the event of divorce could be made to your partner?
If the answer to any of these questions is yes, then it’s definitely worth getting a Prenup or Postnuptial agreement.
Once you and your spouse have decided to put a nuptial agreement in place, you need to both think carefully about what you’d like to include in it.
The agreement can deal with the division of assets and income and outline how these should be dealt with if you were to get a divorce.
It can also cover what should happen if your circumstances change during your marriage. For instance, what do you want to happen if you acquire future assets, have children or suffer a life threatening illness?
Our Family Solicitors will ensure the provisions in the agreement are clear, precise, and contain as much detail as possible.
Funding Your Case
We charge an hourly rate depending on the experience of the person that is dealing with the case.
Rest assured that we’re completely open, transparent and fair when it comes to fees, so you’re never caught out by surprise legal costs.
Some of our Family Solicitors are members of the Law Society Family Law Panel and are accredited in the areas of Family Law and Children Law.
Frequently asked questions
- What are the benefits of getting a Prenup or Postnuptial Agreement?
Prenups and Postnuptial agreements are useful in providing clarity during a divorce, and reduce the chances of conflict at what’s already a difficult and emotional time.
With an agreement in place, you can:
- Help safeguard your financial stability
- Protect your children's future, ensuring they receive the possessions you’d like them to have
- Help to set ground rules for decisions relating to how your assets are divided
- How can I get a Prenup or Postnuptial Agreement?
You’ll both need to take independent legal advice from a Family Law Solicitor throughout the process.
Importantly, it also means that you both fully understand the terms of the agreement you reach and the person who has the most to lose understands the implications of what they’re about to sign.
You both need to provide full disclosure of your financial positions before the agreement is prepared.
It’s also best to include a review of the agreement in the document so that you can reassess the clauses at specified periods during your marriage.
- Are Prenup or Postnuptial Agreements binding?
Not currently, but there’s increasing momentum for them to be recognised when looking at how a couple's assets should be divided during a divorce if certain criteria are met.
Generally, the Court will look at the intention of the couple entering into an agreement and will consider the following:
- Did you or your partner seek independent legal advice when making the agreement?
- Were you or your partner under pressure to sign the agreement?
- Did you both provide financial disclosure of your assets?
- Did the person who had the most to lose understand the terms of the agreement?
- Would it be unfair if the agreement was upheld?
Getting specialist legal advice from one of our Family Law Solicitors during the process can help reduce the chances of the Courts misinterpreting the clauses and ultimately how your assets are divided.
For initial advice call our Family Law & Divorce Solicitors
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Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Kingston-upon-Thames, Lancaster, Leeds, Liverpool, London, Manchester, Morecambe and Southport.