What is a prenuptial agreement?
These are also referred to as a pre-registration agreement and form a contract between the parties to a pending marriage, or civil partnership, which defines what should happen should the relationship cease. Finances form the main elements prenuptial agreements; however, it may also include the jurisdiction in which the divorce or dissolution will be handled if you are an international couple.
Anyone who has assets such as a business, property, or investments should contemplate a prenuptial agreement because it is likely that any significant assets you bring into the marriage or civil partnership will become matrimonial property. As such, your collective assets and wealth must be split on divorce or dissolution.
What is a post-nuptial agreement?
Post-nuptial agreements are drafted when a couple are already married or in a civil partnership and are becoming increasingly common. A postnuptial agreement may be sought for example if a party to a marriage or civil partnership discovers that their spouse has been unfaithful, leading them to put in place measures to ensure their financial protection should the behaviour continue, and they ultimately decide to separate.
Do pre and post nuptial agreements need to be drafted by a solicitor?
Any pre and postnuptial agreement must be sufficiently robust to hold up in court. Therefore, you should seek a solicitor to draft your agreement. RVS Solicitors are not only highly experienced in drafting legally solid pre and post-nuptial agreements, we believe in a non-confrontational approach in all our client matters. By working closely with you and taking the time to get to know you and your circumstances, we develop a trusted environment in which to discuss the contents of the agreement. Openness, honesty, and fairness are essential to ensuring the best agreement is drafted, and we work hard to promote these in our dealings with clients.
It is important to draft a nuptial agreement with full consideration for what may happen in the future, whether that be regarding children, business interests, changes to income, ill-health, and inheritance. As such, nuptial agreements are living documents that we regularly update in conjunction with our clients. By actively seeking to ensure your pre or post-nuptial agreements is kept current and relevant to the evolving circumstances of your life, we help to protect your interests through the lifespan of your marriage or partnership.
Are pre or post-nuptial agreements legally binding?
No, technically neither are legally binding in UK law, but they are deemed to be persuasive and often decisive by the courts when deciding on assets should be divided following divorce or dissolution.
Courts bear in mind four main questions when deciding whether a pre- or post-nuptial agreement should be upheld:
- Was the pre or postnuptial agreement drafted and signed in the absence of duress?
- Did each person receive independent advice?
- Was there full and frank disclosure regarding financial circumstances?
- Would it be fair to depart from the agreement given the circumstances the parties?
If you do wish to challenge a pre or postnuptial agreement, we can advise you and represent you in proceedings.
Why choose us to advise you on your pre or post-nuptial agreement?
Our team take the time to get to know our clients and develop a true understanding of what the want to achieve from creating or signing a pre or post-nuptial agreement. By instructing us, you can be assured that we take a considerable interest in the needs of you and your family and ensure your best long-term interests are protected. We value the trusted relationship we develop with our clients, and in turn, they feel supported and confident that their family law matter is in the best hands.
As members of Resolution, we truly believe in resolving disputes surrounding pre or post-nuptial agreements in a non-confrontational manner, where possible. We encourage each party to the agreement to consider the other’s objectives and work towards a win/win agreement.