Prenuptial and Postnuptial
Agreements

Many couples wish to protect their assets (such as business interests and/or inherited assets) and make their own decisions as to how assets should be treated should their relationship breakdown in the future. We have extensive experience drafting and advising on a wide range of prenuptial agreements.

If you are considering entering into a pre-nuptial or post-nuptial agreement, we can advise on appropriate terms and will call upon advice from overseas lawyers if your case has an international element.

Whilst pre and post-nuptial agreements are not legally binding in England and Wales the court will generally uphold the terms of an agreement providing the following conditions are met:-

1. Each party should have received independent legal advice
2. Each party must provide full and frank financial disclosure
3. The agreement should be freely entered into – which means the parties must have had time to consider and negotiate the content and should not be placed under pressure to sign it. If possible, the agreement should be entered into at least 28 days before the marriage.
4. The agreement meets the financial needs of the parties

We are sensitive to the fact that discussions around pre-nuptial agreements can be tricky – particularly when focusing in parallel on the wedding celebration and making a lifelong commitment to a new partner. Consequently, we aim to conclude any negotiations quickly and with limited contention.

We can also provide advice on existing agreements and whether the terms would likely be upheld by the court. It is important to take advice at the outset of separation if there is a pre-nuptial or post-nuptial agreement in place.