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Pre-Nuptial and Post Nuptial Agreements

People planning to enter a marriage or civil partnership often decide to enter into an agreement that shows what they intend to happen to their money and property if the marriage or civil partnership were to end in order to preserve their financial resources. This is commonly known as a pre-nup.

Are pre-nups binding on the court?

Pre-nups are not strictly binding on the court in the event of a later divorce, but it is likely that a pre-nup will be respected by the court unless the effect of the agreement would be unfair. It is not possible in this country to have a fully binding agreement before marriage or civil partnership about what will happen on divorce or dissolution.

It is good practice to get the agreement finalised in good time before the wedding or civil partnership ceremony so that neither or you feels undue pressure to agree to anything.

In order to do the best job of ensuring that the court will not consider the agreement to be unfair if it is necessary to rely on it, both of you will need to set out your financial circumstances in full and take independent legal advice on the agreement and its effects. You can negotiate an agreement using mediation, or more traditionally by using solicitors to talk to each other on your instructions. We will help you find the process most suitable for you.

What sorts of things does a pre-nup cover?

A pre-nup is a bespoke document drawn up for the two of you for your particular circumstances, so it can cover almost anything you want it to and our expert lawyers can tailor your pre-nup to meet your requirements.

What’s a post-nuptial agreement?

People who are already married or in a civil partnership can decide to enter into an agreement that shows what they intend to happen to their money and property if the marriage or civil partnership were to end. This is commonly known as a post-nup. People sometimes decide to enter into a post-nup if they did not think about having a pre-nup before getting married or if there has been a separation followed by a reconciliation. A separating couple may make an agreement on financial matters if they do not yet wish to divorce: this type of post-nup is called a separation agreement, but similar rules apply.

Are post-nups binding on the court?

Generally, post-nups are not strictly binding on the court in the event of a later divorce, but it is likely that a post-nup will be respected by the court unless the effect of the agreement would be unfair in the circumstances. It is not possible in this country to have a fully binding agreement about what will happen on divorce or dissolution.

In order to do the best job of ensuring the court will not consider the agreement to be unfair if it is necessary to rely on it, both of you will need to set out your financial circumstances in full and take independent legal advice on the agreement and its effects. You can negotiate an agreement using mediation, or more traditionally by using solicitors to talk to each other on your instructions. We will help you find the process most suitable for you.

What sorts of things can a post-nup cover?

A post-nup is a bespoke document drawn up for the two of you for your particular circumstances, so it can cover almost anything you want it to and our expert lawyers can tailor your post-nup to meet your requirements.

How much will a pre-nup or a post-nup cost?

This will generally depend on circumstances of your case and we will be able to provide you an estimate as to our fees once we have discussed your requirements with you.

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