Prenuptial Agreement Solicitors
Why Consider a Prenuptial Agreement?
Once seen as only for the super-wealthy or popularised by the US, prenuptial agreements (“prenups”) are becoming increasingly common in England and Wales. They offer couples a degree of certainty by clarifying how assets and property might be treated should the marriage end. Rising living costs and other financial pressures have prompted more couples to consider this practical measure before tying the knot.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract that sets out how finances, property, and other assets will be handled if the relationship ends. In England and Wales, prenups are not automatically legally binding—yet courts now give them significant weight if they are drafted and executed correctly. Typically, you must:
- Sign it at least 21 days before the wedding
- Provide full financial disclosure
- Ensure both parties receive independent legal advice
- Ensure it is fair and up-to-date
How Our Specialist Solicitors Can Help
At HM & Co. Solicitors, our experienced family law team has dealt with a wide range of prenup cases, from simple agreements covering inheritance or property, to multi-million-pound contracts with complex holdings and even family pets. We will:
Guide You Through the Requirements
Explain the legal formalities (e.g., timeframes, financial disclosure) and ensure you and your partner both obtain independent legal advice.Draft a Thorough & Up-to-Date Document
Tailored to your specific financial and personal circumstances.Protect Your Interests
Address issues such as inheritance, future assets, business ownership, or outstanding debts, giving you peace of mind.
Why Might You Need a Prenup?
Prenuptial agreements offer wealth protection and peace of mind for you and your partner. They can specify what happens to:
- Inheritance or Future Inheritance: Both money and assets
- Difficult-to-Split Assets: For instance, unique properties or collections
- Children from Previous Relationships: Safeguard certain assets for them and maintain their inheritance rights
- Business Interests: So you can retain control
- Outstanding Debts: To ensure each party’s liabilities remain separate if intended
When drafted by an experienced lawyer, a prenup lays out how assets and finances are handled, greatly reducing stress and uncertainty.
Need More Information? Contact HM & Co. Solicitors
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We’re here to offer practical, empathetic support, helping you navigate prenuptial agreements with clarity and confidence.
Your Questions, Answered
FAQs
FAQs: Prenuptial Agreements
What are petnups?
Q: Can pets be included in a prenup?
A: Yes. “Petnups” are clauses or standalone agreements setting out who owns and cares for a pet if the relationship ends. Many couples treat pets like family members, so establishing ownership, care, and associated costs can help avoid conflict should you separate.
Are prenuptial agreements legally binding?
Q: Are prenups automatically enforceable in English law?
A: Currently, prenuptial agreements in England and Wales are not legally binding. However, if certain criteria set out by the Supreme Court are met, the Family Court is much more likely to uphold the agreement. In 2010, the Supreme Court ruled that courts should give due consideration to a prenup if both parties entered it freely and it is fair overall.
Why should I use a specialist prenuptial agreement solicitor?
Q: Why do I need a lawyer to draft a prenup?
A: For a prenuptial agreement to be given weight by the Family Court, each party should have independent legal advice before signing. This reduces the risk of unfair influence and ensures both parties understand the implications. A solicitor can also provide expert guidance throughout what can be a stressful process, helping to ensure the agreement meets all legal requirements and is as watertight as possible.
How can I increase the chances of a prenuptial agreement being upheld in court?
Q: What factors help the court uphold a prenup?
A: While prenuptial agreements are not automatically binding, courts are more likely to uphold them if:
- Both parties have separate legal advice
- There is full financial disclosure
- It’s signed at least 21 days before the wedding
- The terms are fair and reasonable
- It’s kept up to date
- It’s drafted by a qualified family lawyer
What about prenuptial agreements in Scotland?
Q: Are prenups viewed differently in Scotland?
A: Prenuptial agreements in Scotland are generally enforceable and legally binding, provided neither party was under undue pressure to sign. However, the exact conditions for validity can differ from those in England and Wales.
How are prenuptial agreements different from postnuptial agreements?
Q: Is a postnuptial agreement the same as a prenup?
A: The main distinction is timing. A prenuptial agreement is signed before marriage, while a postnuptial agreement is entered into by spouses who are already married. Postnups often come into play if a couple’s financial circumstances change significantly during the marriage, for example, through an inheritance. The same rules apply regarding independent legal advice and fairness.
When might a cohabitation agreement be more suitable than a prenuptial agreement?
Q: Should I get a prenup if I’m living with my partner but not getting married?
A: If you’re not intending to marry or enter a civil partnership, a cohabitation agreement could be more appropriate. Cohabiting couples don’t have the same legal rights as married couples, so clarifying property ownership and financial contributions through a cohabitation agreement can protect both parties. There is comparatively little official guidance on cohabitation agreements, so expert legal advice is strongly recommended.
Need More Advice? Contact HM & Co. Solicitors
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
Our experienced family law solicitors can help you draft or review any type of nuptial or cohabitation agreement, ensuring your interests are safeguarded.
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