Nuptial agreements, whether prenuptial or postnuptial agreements, can be put in place to provide a couple with peace of mind. Such agreements can be a sensible, fair, and transparent way for a couple to organize and protect their finances and assets in the future.
A pre-nuptial agreement is a technical and important document which must be drafted carefully. We have the expertise to advise you on the terms of such agreement (i.e. what you should and should not agree to) and the expertise to draw up the document.
The negotiations for nuptial agreements must be conducted with sensitivity. Our highly experienced family lawyers adopt a collaborative approach in negotiations with your future husband, wife, or civil partner’s solicitor. We go through the agreement with you carefully and ensure that you understand all its contents before you sign up to such agreement.
What is a prenuptial agreement?
A nuptial agreement is a legal contract between a couple that sets out the ownership of all of their money, property and other assets and how their wealth should be divided between them in the event that their marriage or civil partnership were to break down. You can have a pre-nuptial agreement which is for couples planning to marry or enter into a civil partnership or a post-nuptial agreement that is entered into during the marriage or civil partnership.
Who are these agreements for?
Such agreements are not just for the rich and famous. There any many reasons why it might be sensible for a couple to sign up to a prenuptial agreement such as:
- To protect inheritance or future inheritance.
- To ensure that assets are reserved for children from a previous relationship
- To retain ownership of a business
- To ensure that any debt that is being brought into a marriage or civil partnership is not treated as a joint debt
- To ensure that any money gifted by the bank of “mum and dad” remains with the person whose family gifted the money
- To agree who keeps the family pet (sometimes called a “pet nuptial agreement”)
Is a nuptial agreement recognised and binding in the UK?
It is a common misconception that nuptial agreements are an expensive waste of time. However, if they are drawn up properly and if they meet certain safeguards then such agreements will be upheld by the Court. The Court made this clear in the leading case on nuptial agreements known as Radmacher v Granatino.
While a Court can uphold a nuptial agreement, if its contents are disputed, a Court would look at the agreement and underlying background and current situation very carefully. The Court would want to be satisfied that the couple entered into the the agreement freely and with the benefit of legal advice and that they and that both parties have disclosed all details of their income and their capital to each other. Ideally a pre-nuptial agreement should be signed at least 28 days before the date of the marriage or civil partnership.
Some examples of our experience
Drafting a prenuptial agreement for a young woman who had been gifted property by her parents and who stood to inherit their significant wealth in time.
Negotiations with her fiancé’s solicitors were lengthy and the agreement went through many drafts before both sides could sign up to it.
Representing a husband in his divorce proceedings after a very short marriage and having previously drafted a prenuptial agreement for him prior to his marriage.
We successfully opposed the wife’s challenge to the prenuptial agreement
