Prenuptial Agreement Solicitors in London

Whilst a pre-nuptial agreement is the overriding legal tool to protect wealth ahead of a marriage, it is possible to enter into a post-nuptial agreement after marriage to confirm the parties’ intentions in the event of a later divorce. In the event that a couple are not marrying, but wish to firm up the financial arrangements between them for security, it is also possible to enter into a cohabitation agreement to identify each party’s position in the event of separation. Whilst a pre-nup is not totally binding on the courts of England and Wales, having a pre-nup is the surest way to ring fence assets being brought into a marriage, or future inheritance, as long as the agreement meets certain criteria.

A civil partnership pre-nuptial agreement works in exactly the same way as a pre-nuptial agreement in marriage. A pre-civil partnership agreement sets out the provisions as to how joint and individual assets accrued prior to or after the civil partnership should be divided and shared, in the event of a dissolution of the partnership, including any inheritance, debt and income resources. Civil partnership offers couples the same tax allowances, property rights, pension rights and other legal rights as a marriage does.

A pre-nuptial agreement or a post-nuptial agreement are always signed as a Deed and therefore need to be witnessed in order to be fully and properly executed, to make the agreement (or ‘contract’) between the parties legally binding. In England and Wales it is not necessary to have the agreement notarized, but that may become important and essential if the English agreement is to be registered in a foreign jurisdiction where rules and regulations in relation to notarizing are different, and necessary in order for the document to be legally recognised. It is essential to take tailored advice as a result to protect your position.

Reputable family lawyers will be well-placed to advise in relation the key components of fair, and therefore reliable, pre-nuptial agreements. It is imperative to take early and sensible advice in relation to your position, and we would advise that in some circumstances, the pre-nuptial agreement terms are agreed and the document finalised and signed, before the wedding date is secured.

Like a prenup, the greatest benefit of a postnup is that it gives you and your spouse clarity and certainty regarding what would happen to your money and assets in case the marriage fails at some point. You can also sign a postnup to outline how to deal with your liabilities in case of divorce. With a postnup in place, you also save a significant amount of money and time in court proceedings at the time of divorce. Our family law solicitors can guide you throughout the whole process and make sure it is as stress-free as possible.

Once married, in the event that the need for a postnuptial agreement arises, the first step would be to discuss the issue with your spouse. Perhaps you are due to receive a significant inheritance which you would like to ring fence for the avoidance of doubt, or a parent is transferring shares in a family business? Communication is crucial in discussions about post nuptial agreements.

The cost of a postnuptial agreement varies in terms of complexity, and it is not uncommon for the costs of the party instructing the drafting to be similar to the party being asked to sign on the basis that it is imperative that the drafting is reviewed and assessed thoroughly. The average cost of a post-nuptial agreement with Edwards Family Law is likely to be between £4,000 and £6,000 plus VAT, but will likely be more in the event that there are international elements which need to be factored in. A customised and personal cost estimate will be provided in the event of instruction once the scope of work involved can be more appropriately assessed.

A postnuptial agreement must be signed as a Deed and witnessed in order for it to become a legal binding contract between the parties. The terms do not necessarily bind the court outright, but if the criteria required are met, then it is highlight likely that a properly executed post-nuptial agreement will be given significant weight by the court.

A prenup can be very helpful in protecting you and your spouse in many circumstances, such as when you want to protect your pre-marital assets, inheritance or a business interest, or you want to know where you and your spouse stand in case of a divorce. And if the agreement is fair and reasonable, a court is likely to uphold it.

In order to ensure you have an agreement likely to be upheld, it’s very important to get independent legal advice to ensure your agreement is properly structured, the correct disclosure process is followed and that the agreement takes into account what a court might consider to be fair. Our expert family law solicitors can help you draw pre-nuptial and post-nuptial agreements so that they hold up in court.

Post-nuptial agreements can be entered into in a variety of circumstances. For instance, you can sign one very shortly after a marriage, perhaps to add further weight to a pre-nuptial agreement. You might want to consider one where there have been a change of circumstance, such a new child of the family being born or a new business venture. Or you might want to enter once if you have considered divorce but have reconciled and want to agree to the division of your finances now to provide financial security or to minimise the risk for future disagreements or proceedings.

At Edwards Family Law, we have extensive experience in drafting, negotiating and considering pre-nuptial and post-nuptial agreements and can give you clear, concise and authoritative advice as to what the court is likely to uphold or not.

Kelly, our managing partner, has helped many clients in the past in drafting pre-nuptial agreements, both in England and Wales and with an international element, to ensure they have the best hope of being upheld. She has advised a number of clients in relation to their existing agreement (some of which were entered into over 20 years ago) and whether they would be upheld by the English Court.

Kelly has successfully obtained further financial provision for both husbands and wives whose agreements did not provide them sufficient financial provision, even when they had been told by other lawyers they had no prospects of success. She has also successfully ensured a fair pre-nuptial agreement was upheld, despite attempts to go behind it. ​

If you would like advice about a possible pre-nuptial or post-nuptial agreement, then please contact us.

Prenups are not automatically binding, but they are given significant weight by courts if certain conditions are met.

An agreement is likely to be enforced if it was entered into freely by both parties with a full understanding of the implications but only if it would be fair to do so. This typically means there has been financial disclosure, independent legal advice and the agreement has been signed in good time before the wedding. The fairness of the agreement will ultimately depend on the circumstances at the time of divorce.

Yes, it should be signed at least 28 days before the wedding to avoid claims of pressure or unfairness.

Yes. A court can vary the terms or refuse to uphold the agreement if it deems it unfair or if requirements like disclosure and legal advice were not met.

Assets, debts, business interests, inheritance, and financial arrangements that each party wishes to protect. It should set out how the assets will be split on divorce.

Provisions for child arrangements or clauses deemed punitive or unfair, which may not be upheld by a court. So called ‘cheating’ clauses, whereby a spouse forfeits financial provision if they have an affair, are not included and would not be enforceable.

Yes, however, it can be difficult to do so with precision. In any event, the court retains discretion and may override prenup clauses that deal with maintenance, especially if they are unfair or outdated.

If included, the court is unlikely to consider this. The court’s focus is always what is in the best interests of the child if court proceedings are issued regarding child arrangements.

Yes, prenups can include future inheritances or gains, particularly useful for those expecting to inherit or build wealth after marriage.

Yes, a well-drafted prenup can protect business assets and family wealth held in trust, as long as terms are reasonable and transparent.

Initial consultation, disclosure of financial details, drafting, negotiation with your partner’s solicitor, and final signing of the agreement.

This depends on cooperation between parties and complexity, but in a collaborative environment, it can be concluded in a matter of weeks. On the other hand, negotiations can take several months in complex cases.

It is possible, but not ideal. The closer to the wedding date it is signed, the greater the risk of it being challenged on the grounds of undue pressure or that you may not be able to reach an agreement..

Anyone with pre-marital assets, inheritance expectations, children from previous relationships, business interests, or international property.

Often yes, especially where there are children or significant assets from a prior relationship.

Yes. International assets add complexity and make clear terms in a prenup even more important.

Yes. However, if you or your partner has ties to another jurisdiction, it may also be wise to get legal advice in that country.

Yes. Prenups apply equally to marriages and civil partnerships regardless of gender or sexuality.

This would be a postnuptial agreement. We can advise on both depending on your situation.

A prenup is agreed upon before marriage; a postnup is agreed upon during the marriage. Both can carry legal weight if properly executed. Many couples will replicate their prenup in a postnup following the wedding to give the agreement added weight.

You cannot force them. Agreements must be freely entered into. We can provide guidance and draft reasonable proposals that may help resolve concerns.

Yes. Couples can revise or revoke a prenup at any time by mutual agreement.

Yes. Independent legal advice is essential for each party to ensure the prenup is seen as fair and valid.