Pre-Nuptial and Post-Nuptial Agreement Solicitors in London

What are prenuptial and postnuptial agreements?

A prenuptial agreement, commonly known as a prenup is a contract between couples entered into before marriage which describes how assets or property will be divided and financial support will be managed in the event of a divorce or marriage breakdown.

A postnuptial agreement is just the same as a prenup but is entered into during the marriage. Our highly experienced pre and post nuptial agreement solicitors in London will guide you through the consequences of proposing or accepting a pre-or postnuptial agreement and will ensure that the agreement is written as clearly and concisely as possible to protect your best interests.

Is a prenuptial agreement legally binding?

A prenuptial agreement is not legally binding in English family law. However, case law says that nuptial agreements should be given weight when a family court is asked to decide how a couple’s assets should be split when making a financial court order. The weight given to your agreement could mean the divorce court makes a financial court order in the same terms as your agreement even though your husband or wife is asking the court to ignore the negotiated agreement and award them more.

The weight given to your agreement will depend on:

• When the agreement was signed
• Whether there was any coercion or pressure placed to sign the agreement
• Whether there was financial disclosure so the husband and wife both knew the extent of the other spouse’s assets and circumstances
• If both parties to the agreement each took independent legal advice from prenuptial agreement solicitors
• If the agreement meets the reasonable needs of both husband and wife at the time of the financial court proceedings

The prenup can work in several ways, such as:

• Dissuading a spouse from asking for more than was agreed at the time the agreement was signed
• Limiting the extent of the financial disclosure and court process in a financial application
• Safeguarding specific assets (such as a trust or company shares)
• Ensuring you get your choice of court jurisdiction if you are an international family where there may be more than one court jurisdiction
• Reducing your spouse’s financial settlement from the type of financial court order that would normally be made in the circumstances of your marriage where there is no relationship agreement in place
• The family law judge making an order in the same terms as the provisions in your agreement. This is only likely if the terms of the agreement are deemed fair by the court and the safeguards were put in place before the agreement was signed

Prenuptial and Postnuptial Agreement Frequently Asked Questions

Can I draft my own prenup?

A prenuptial agreement lawyer will not recommend that you draft your own agreement as it is less likely to be effective if you get divorced. It is a good idea to have a preliminary meeting with your prenuptial agreement solicitor in London to discuss your agreement requirements and to understand why you need legal input to get the agreement finalised.

Is there a way to protect your assets without a prenuptial agreement?

If you do not sign an agreement before your marriage the best way to protect your assets is to sign a postnuptial agreement after marriage. A postnuptial agreement lawyer can help sensitively negotiate and draft your agreement.

If you do not want to sign a postnup, our experienced family law solicitors can advise on the best way to structure your assets to minimise potential divorce claims. However, our experts recommend that any strategy on asset ownership is combined with a prenuptial agreement.

How long is a prenuptial agreement valid?

An agreement can be valid for the length of the marriage or the document may identify triggers for the agreement to end or for the contents to be reviewed. It is important to look at potential reasons why your agreement may not be considered fair in the future and either make adequate provisions in different scenarios or build in reviews. Specialist prenuptial agreement solicitors in London can advise you on how best to make your document do what you want it to do.

What is the purpose of the postnuptial agreement?

A postnup sets out how assets or property will be divided and how financial support will be managed if you divorce your husband or wife. The purpose of the agreement is to give both of you peace of mind.

How long after marriage can you get a postnuptial agreement?

You can sign a postnup at any stage after your marriage but a postnuptial agreement lawyer can advise on the triggers for an agreement and the steps you need to take to ensure the agreement carries weight in any future divorce proceedings.

How binding are postnuptial agreements?

A postnuptial is not legally binding in a divorce but with specialist legal advice from postnuptial agreement solicitors, it can carry substantial weight and either safeguard specific ringfenced assets or otherwise limit the size of the financial award.

Postnuptial agreements are often considered if the extended family wants to make lifetime gifts as part of their estate planning, if one spouse is receiving an inheritance or if a family business is being sold and one spouse is receiving a significant cash injection. Our specialist lawyers will look at your family circumstances and what you want to achieve from the agreement to make it as fit for purpose as possible.

How much does a prenuptial and postnuptial agreement cost?

The cost of an agreement depends on a range of factors, such as whether there are international connections and potential competing jurisdictions and the complexity of your circumstances. Our prenuptial agreement solicitors in London can talk to you about likely costs and timescales.

Why choose OTS Solicitors for prenuptial and postnuptial agreements?

There are many prenuptial agreement solicitors to choose from in London, but we believe certain qualities make OTS Solicitors stand out. Primarily, we put your needs first and are committed to helping you find workable solutions to your problems as quickly as possible.

In addition, our prenuptial agreement solicitors can draw on the expertise of other departments in the firm. Our commercial lawyers can guide the structuring of a business which may be included as part of a pre-or postnuptial agreement. In addition, our immigration solicitors can advise international families on their immigration options when moving to the UK or settling in the UK and on any international family law considerations.

At OTS Solicitors, our prenuptial agreement solicitors will draft your pre or postnuptial agreement in a way that caters for your needs. Our family law solicitors will sit down and discuss your unique circumstances and draft a bespoke agreement that is flexible enough to accommodate any foreseeable change in your circumstances.

Contact our pre and postnuptial agreement solicitors in London

For a prenup or postnuptial agreement in London, call us for an appointment at our offices in London or for a phone, Zoom or Skype consultation. For expert help, contact our pre and post nuptial agreement solicitors in London