We will help you to protect your personal wealth with an effectively drafted pre-nuptial or post-nuptial agreement.

Pre- and post-nuptial agreements can help protect your wealth if your marriage ends in divorce. While not currently legally binding, a properly drafted agreement will have a strong influence on the courts’ decision. We have extensive experience in protecting wealth following a relationship breakdown, and we’ll use our expertise to produce an agreement that is fair and robustly effective.

It is important for any marriage that you have the best advice on how to arrange your financial affairs in case your relationship unfortunately breaks down. These kinds of nuptialnuptial arrangements can provide clarity and reassurance, by defining your financial arrangements if your marriage is unsuccessful.

The equivalent of a pre-nuptial agreement for a civil partnership is known as a pre-registration agreement.

Pre-nuptial agreements

If you enter into a pre-nuptial agreement (sometimes called prenuptial agreements or ‘prenups’), then you get to decide, rather than the courts, what happens to your assets if your marriage ends in divorce. Pre-nuptial agreements can be particularly important where there is an imbalance of wealth, where one of you wants to safeguard inherited or other family wealth, and if you have assets you want to pass on to children from a previous marriage.

Some of the reasons people choose a pre-nuptial or prenuptial agreement can include:

  • When there are properties or other assets that are difficult to split
  • To reserve assets for children from a previous relationship
  • To protected inherited assets
  • Where ownerships of businesses are involved
  • To protect a partner from becoming liable for the existing debt of the other partner

Post-nuptial agreements

Post-nuptial agreements are entered into after a marriage and typically contain similar information to a pre-nuptial agreement. The purpose of both types of document is to achieve financial certainty for you, and protect your personal wealth, should the marriage fail.

Pre-nuptial and post-nuptial agreements are not currently legally binding, but they can influence the courts’ decision about how your assets should be distributed. The agreement is much more likely to be recognised if it has been drawn up by solicitor and can withstand a legal challenge in a divorce court.

We have extensive experience of helping to protect our clients’ wealth following relationship breakdowns, and we understand what influences the courts’ decisions. Consequently, we can produce a pre-nuptial or post-nuptial agreement that, whilst fair and agreed by both parties, is also robust and effective at protecting your interests.

We constantly keep up to date with the frequent changes in the law in this area, so we will ensure your agreement is written to satisfy the latest legislation.

Our expert family law team work across our offices in Southampton, Lymington, Guildford, Richmond, London and Woking, and we offer specialist support and advice to clients nationwide. For more information or advice, please contact our family team.

Factsheet

View our ‘Protecting your assets’ factsheet.

Contact our solicitors

Get in touch with our legal experts for advice.