Prenup and Postnuptial Agreements

For initial legal advice call our Family Law Solicitors and we will help you.

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When you’re planning your wedding or beginning life as newlyweds, thinking about what will happen if you split up is probably the last thing on your mind. But having a well drafted prenup or postnuptial agreement could make a huge difference if your relationship breaks down.

Protecting yourself financially for the future is always a good idea and a small cost now could save you thousands years down the line.

Our Family Law Solicitors can give you specialist legal advice, and draw up your pre or postnup whether you’re getting married soon or have been married for years.

We’ll always work to your specific needs and can advise you on everything from pensions to child maintenance.

For initial legal advice, get in touch today.

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Our Prenup Packages Explained

Fixed fee Standard prenup package

£1,450 plus VAT

  • We will provide you with general advice on the current legal status of prenuptial agreements and the advantages/disadvantages of entering in to a nuptial agreement
  • We will provide you with specific advice on the terms of your prenuptial agreement
  • We will draft the agreement for you
  • We will prepare the disclosure list for you
  • We will sign off on the legal adviser’s certificate for you to complete your prenuptial agreement

Fixed fee Complex prenup package

£2,400 plus VAT

  • We will provide you with general advice on the current legal status of prenuptial agreements and the advantages/ disadvantages of entering in to a nuptial agreement
  • We will provide you with specific advice on the terms of your prenuptial agreement
  • We will draft the agreement for you
  • We will prepare the disclosure list for you
  • We will sign off on the legal adviser’s certificate for you to complete your prenuptial agreement
  • We will undertake negotiations on limited terms of the agreement that have not yet been agreed

Fixed fee Bespoke prenup package

£6,000 plus VAT

  • We will provide you with general advice on the current legal status of prenuptial agreements and the advantages/disadvantages of entering in to a nuptial agreement
  • We will provide you with specific advice on the terms of your prenuptial agreement
  • We will draft the agreement for you
  • We will prepare full disclosure for you and advise you as to what a fair and reasonable settlement should look like
  • We will undertake negotiations on the terms of the agreement in order to reflect a fair and reasonable settlement
  • We will sign off on the legal adviser’s certificate for you to complete your prenuptial agreement

Fixed fee Review prenup package

(£600 plus vat)

Where your Partner has provided you with a prenuptial agreement and you agree its terms and you would like a Solicitor to sign the legal advisers certificate, we will do that for you and provide you with the required general advice.

Why Choose Simpson Millar?

At Simpson Millar, we have over 170 years’ experience in helping families with their legal needs. Our expert team of Family Law Solicitors can:

  • Personalised Service

    Give you tailored advice on what to include in your pre or postnup based on your assets and financial situation

  • Advice on Documentation

    We'll provide you with all the legal information you need to know about signing the agreement. We'll then draft the pre or postnuptial agreement for you.

  • Available For You

    We offer a variety of options for your appointments, including telephone, in person and video calls

  • Open and Transparent

    We'll never confuse you with legal jargon and will talk you through the whole process in plain English

What is included in the fixed fee prenup?

    • Our fixed fee prenuptial package covers the steps we will take on your behalf from your instructions right up to providing you with your signed pre-nuptial agreement.
    • We will provide you with general advice on the current legal status of pre-nuptial agreements and the advantages/ disadvantages of entering in to a nuptial agreement.
    • We will provide you with specific advice on the terms of your pre-nuptial agreement.
    • We will draft the agreement for you.
    • We will undertake limited negotiations on your behalf if you choose our complex package. We will undertake full negotiations on your behalf if you choose our bespoke package.
    • We will sign off on the legal adviser’s certificate for you to complete your pre-nuptial agreement.

Am I eligible?

      • If you both reside in the UK, you fit the criteria.
      • If you and your partner both want a pre-nuptial agreement and have agreed who will take the lead and the terms of the agreement, then you are eligible.
      • If your partner has already agreed to the terms of the agreement then you are eligible for our Standard package. If you partner agrees to the terms of the agreement after an initial letter from us and terms can be agreed after limited negotiations, then our Complex package will be available to you. If you and your partner have not agreed terms and would like us to negotiate on your behalf, our Bespoke package is available to you.
      • If you have received an agreement, are happy with its terms and wish for a simple sign off, then you are eligible for our Review package.

What's not included in the fixed fee prenup?

  • We will not undertake negotiations on your behalf.
  • Additional services, if the terms of the agreement are not agreed.
  • Any disputes over the terms of the agreement.
  • Any disputes over who will pay the costs of the agreement.
  • Advice on the arrangements for children.

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How to Get a Prenup or Postnuptial Agreement

In England and Wales, both you and your partner have to agree that you want a prenuptial or postnuptial agreement.

Don’t worry if you can’t agree on what you want to include, we can help you there, but it’s important that you both know what a prenuptial is and what it means for you.

Prenup or postnuptial process

Once you agree, getting a prenup or postnup is straightforward:

    1

    Get a Solicitor

    The first step is for you and your partner to each find a Family Law Solicitor as you’ll both need to get independent legal advice throughout the process.

    2

    Be Honest About Your Assets

    You need to disclose all of your assets when making a pre or postnup. Being open with your partner now will mean you can be sure your agreement will be valid if you separate.

    3

    Make Sure You Fully Understand the Agreement

    You must be able to understand exactly what is included in the pre/postnup and what it means for you. Our Family Law Solicitors will make sure you know all the ins and outs of your financial arrangements before you sign.

    4

    Sign the Agreement

    Once you’re both happy and secure in your financial futures, all that’s left to do is sign your prenup or postnuptial agreement. If you’re getting a prenuptial agreement, you should sign it at least 21 days before getting married. A postnuptial agreement can be signed at any time.

Frequently Asked Questions about Prenup and Postnuptial Agreements

You might have some assets in mind when making a pre or postnup, but you should include as much detail as you can so you know exactly what your separation would look like. You can include:

  • The exact division of assets, including savings and pensions
  • How any debts will be paid off
  • Your income or future incomes, including inheritance if relevant
  • Property and your living arrangements or how you’ll divide properties
  • Spousal maintenance payments if necessary, with bills and living expenses included
  • Child maintenance payments
  • Any businesses or business-related investments

We can help you decide what to include in your pre or postnup depending on yours and your family’s circumstances.

A prenuptial agreement is a formal written agreement that you can draw up before you get married which lets you decide who gets what if you ever need to divorce.

A postnupial agreement works in the same way but lets couples who are already married set out what they want to happen to their assets.

For more detail see: What’s the Difference Between a Prenup and Postnup?

Pre and postnups are handy for providing clarity in divorce and we recommend them to anyone who is getting married or is married and has a pot of assets to protect, no matter how big or small.

Some of the benefits of getting a pre or postnup include:

  • Financial Security - Many people avoid prenups, thinking that they’re reserved for the super-rich. The truth is having a prenup could give you peace of mind that your future finances will be protected no matter what.
  • Reduce Conflict in Divorce - No matter how big your pool of assets is, a pre or postnup will mean you can reduce conflict and disagreements at what can already be an emotional and difficult time.
  • Safeguard Your Assets - When you get married, all of yours and your partner’s assets become matrimonial assets. This means in legal terms you will share or be entitled to a share of each other’s valuables and belongings. With a prenup you can ring-fence your finances so you can be certain of the outcome if your relationship comes to an end.
  • Protect Your Children’s Future - With a pre or postnup, you can make sure that your children will get the possessions and support you’d like them to have and keep them out of any possible arguments that could come up from not having an agreement set out early.

Prenuptial and postnuptial agreements are not currently legally binding, but if you both got independent legal advice then the Court will consider your agreement unless there is a good reason not to.

Generally, the Court will look at:

  • If you or your partner got independent legal advice when making the agreement
  • If you or your partner were under pressure to sign the agreement
  • That you both provide full financial disclosure of your assets
  • That the person who had the most to lose understood the terms of the agreement
  • Whether it would be unfair if the agreement was upheld, for example if your financial situation had completely changed

Getting specialist legal advice from one of our Family Law Solicitors during the process can help reduce the chances of the Court misinterpreting your agreement and make sure it is valid. This will mean your assets will be much more likely to be divided in line with your pre or postnuptial agreement.

If you both agree to the changes you want to make to your pre or postnuptial agreement, you can update it whenever you need to. Just speak to your Family Law Solicitor to edit the agreement.

Get in touch, today!

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