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.