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.
Meet Some Of Our Family Law Solicitors
How We Can Help
At Simpson Millar, we have over 170 years’ experience in helping families with their legal needs. Our expert team of Family Law Solicitors can:
- Talk you through the whole process in plain English
- Give you tailored advice on what to include in your pre or postnup based on your assets and financial situation
- Make sure you leave nothing out of the agreement, such as pensions
- Advise you on jurisdiction if you have assets overseas, Trust assets and mediation strategies
- Help you and your partner negotiate your finances where needed
- Provide you with all the legal information you need to know about signing the agreement
- Draft the pre or postnuptial agreement for you
We'll give you clear, open and straightforward advice on your pre or postnup.
How a Prenup Helped
We helped Miss J ring-fence her family business that had built up two generations of family wealth, and made sure Miss J’s future wife understood what a prenup meant for her too.
Read more here: Prenup Ring Fences Family Business Case Study
Our friendly team of Family Law Solicitors are only a phone call away. We are legal experts and can work with you to make sure your future is financially secure so you can enjoy a stress-free marriage.
Don't just take our word for it. Look at what our clients say...
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.
Once you agree, getting a prenup or postnup is straightforward:
- 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.
- 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.
- 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.
- 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
- What Can I Include in a Prenup or Postnup?
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.
- What’s the difference between Prenups and Postnups?
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?
- Do I Need a Prenup or Postnuptial Agreement?
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.
- Are Prenup and Postnuptial Agreements Legally Binding?
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.
- Can I Update my Prenup or Postnup?
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.
For initial legal advice call our Family Law and Divorce Solicitors
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.