Postnuptial and prenuptial agreement solicitors
Getting protection in place in case things don’t go to plan isn’t always at the forefront of your mind when you’re about to get married or a newlywed. But our family experts see prenuptial agreements and postnuptial agreements as just another form of marriage preparation, and something that will protect you and your spouse in the future should your relationship end.
What is a prenuptial agreement?
A prenuptial agreement is an agreement signed before the wedding ceremony. Ideally, at least 21 days prior to the wedding but can be done at any time. It defines who owns what while the parties are married. It also usually sets out a plan for what will happen if a couple gets divorced.
What is a postnuptial agreement?
A postnuptial agreement sets out the same protection as a prenuptial agreement, but is signed after the wedding ceremony (at a point when the couple still plans on staying together). It is always advisable to put a prenuptial agreement in place if you can, but if this is not possible a postnuptial agreement is advisable.
In the best case scenario the agreement will never be needed, but in the worst case scenario it may save you the emotional and financial drain of contested Court proceedings. The civil partnership equivalents serve the same purpose and are referred to as ‘pre-civil partnership agreements’ and ‘post-civil partnership agreements’.
Next steps: get in touch
Get quick answers to some frequently asked questions below, or contact our post and prenuptial agreement solicitors for a confidential and no-obligation conversation on: 0800 533 5349 or enquiries@mogersdrewett.com
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Frequently asked questions
If one or both of you has significant wealth or assets it is definitely worth considering a prenuptial agreement. You might also choose to have an agreement in place if either of you is already divorced and wants to protect assets for any children from a previous marriage.
Marital agreements are not legally binding in Court but will be given considerable weight providing they:
- Attempt to be fair
- Acknowledge the existence of children
- Are signed without pressure, fraud or misrepresentation
- Are signed with parties having had independent legal advice and exchanged full financial disclosure
- Are discussed and signed at least 21 days before the wedding (in the case of a prenuptial)
Without a prenuptial or pre-civil partnership agreement, and if spouses cannot come to an agreement about division of property, assignment of responsibilities, and/or any other arrangements, then those matters are left to the Court.
This is possible but it is dependent on what the other circumstances of your case are and what might be offset in order for you to ringfence your business.
