Specialist legal advice on marital agreements
Prenuptial and postnuptial agreements are becoming increasingly common in the UK for couples hoping to avoid the financial complications that often arise when a marriage breaks down.
They can be perceived as unromantic and pessimistic, although in reality, they can reduce the time, expense and acrimony commonly experienced with divorce settlements.
What is a prenuptial agreement?
A prenuptial agreement (or pre-marital agreement) is a contract made by a couple before they marry or enter into a civil partnership. It sets out how they wish their assets to be divided should they divorce or have their civil partnership dissolved.
What is a postnuptial agreement?
A postnuptial agreement is an agreement made after a couple gets married or enters into a civil partnership. As with prenuptial agreements, a postnuptial agreement outlines how assets and property will be split if the relationship ends.
Both prenuptial and postnuptial agreements can also set out arrangements for the children from the relationship.
Are prenuptial and postnuptial agreements enforceable in UK Courts?
Across most of Europe and the world, prenuptial and postnuptial agreements are binding. This is not the case in the UK, where the Courts have the power to make alternative decisions if an agreement is unfair or does not meet someone’s needs.
However, the Courts are increasingly aware of the importance of upholding marital agreements, and the Courts will follow an agreement unless there is a good reason to deviate from it.
It is important to regularly review marital agreements and therefore even after you have married, you may want to consider a postnuptial agreement, particularly if children are born or assets change in a way that had not been anticipated.
Marital agreements need to be carefully thought through and drafted. They must be fair to both parties, who will each have to provide full and frank financial disclosure. They often involve negotiations and it is, therefore, a pre-requisite for each party to obtain independent legal advice.
How we can help with prenuptial and postnuptial agreements
At Nelsons, we have one of the largest teams of specialist family solicitors across the East Midlands with experts in Derby, Leicester and Nottingham, who can advise on martial agreements.
Our expertise in family law is recognised by the independent directories, The Legal 500 and Chambers and Partners. The team also includes:
- Resolution Accredited Specialists
- Law Society Family Panel & Advanced Family Panel members
- Law Society Children Panel Members
The team was also shortlisted for the ‘Family Law Firm of the Year: Midlands and Wales’ award at the Family Law Awards 2021.