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Prenuptial & Postnuptial Agreements

No one wants to enter a marriage or civil partnership with a cloud over their head, but everyone wants security and peace in their relationship. Making the decision to get a prenup or a Postnup is frequently looked at as a negative thing to do. But the truth it, a prenup or Postnup can be a wise thing to do, especially if one partner enters the marriage or civil partnership with significantly higher wealth or assets. 

BECAUSE YOUR FIGHT IS OUR FIGHT.

What are Prenuptial and Postnuptial Agreements?

A prenuptial agreement is a document designed to give peace of mind to both parties in a marriage or civil partnership. They are marriage contracts that lay out how your finances would be should you and your partner get divorced. 

A postnuptial agreement is exactly the same as a prenuptial agreement, in the sense that it addresses the same issues, but they are agreed on after you and your partner are already married or in a civil partnership. The same laws apply to a postnuptial as a prenupnuptial, the only difference is their marriage/ civil partnership state. 

What areas do we cover 

What are the benefits of having a prenuptial or postnuptial agreement?

1. COMMUNICATION

Discussing a prenuptial or postnuptial agreement with your partner can be quite intimidating. But having that honesty right at the beginning will be really beneficial for your relationship and make sure that you are both on the same page.

2. PROTECTION

A prenup or a postnup can give you protection for the future. It essentially means that in the event of either a divorce or the end of a relationship, your assets and your wishes are protected and clearly laid out.

3. SAVING TIME AND MONEY

Going through a divorce in general can be a long and very expensive mattter, especially when both parties are struggling to come to an agreement about assets, monies and property. By having a prenup or postnup right at the beginning, it can save you both money and time further down the line should your relationship come to an end.

4. DEBT PROTECTION 

By creaitng a prenup or post nup agreement, you can make sure that any debt your partner brings to the relationship is handled correctly in the even of your divorce.

How can a lawyer help with your prenuptial or postnuptial agreement?

While you don’t have to have a lawyer for your prenup or postnup, its highly recommended that you do.

You may have issues further down the line if your agreement has not been created with the assistance of a lawyer, for example, a judge might find the document to be negative in court if it has not been made with legal supervision.

The other difficulty about not using a lawyer is that you might find that you don’t know exactly what the contents of your agreement are. They might include things that you and your partner didn’t discuss, or alternatively you may miss things out that a lawyer would have otherwise been able to point out.

It’s best if you both seek independent legal advice and then come together to create your agreement. Your lawyer will be able to confirm that the agreement is fair and you will be able to avoid claims that either party of acting involuntarily. This way the document is 100% valid and you both know exactly what the contents are.

In the UK, prenuptial agreements are now legally binding, but if they haven’t been written properly, they can be thrown out in a court of law, so it’s in your best interests to have some legal advice