Prenuptial and postnuptial agreements offer a useful way to protect certain assets against the possibility of divorce.
A prenuptial agreement (sometimes referred to as a prenup) is an agreement made between you and your partner before you get married, which set out how assets and money will be split in the event that your marriage breaks down and you divorce.
A postnuptial agreement is very similar, but is made after your marriage has taken place.
They are often of greatest help to people with wealth and valuable assets that they wish to safeguard from any divorce proceedings. However, prenuptial and postnuptial agreements can also help:
- Business owners who wish to ensure that their business is not put at risk by a possible divorce settlement
- Parents with children from previous relationships. A prenuptial or postnuptial agreement can allow you to ring-fence certain assets which you wish to pass on to those children.
If you are considering whether a prenuptial or postnuptial agreement might be useful in your situation, Truth Legal can help. We are strongly committed to offering a high-quality legal service backed by specialist knowledge and expertise – and our extremely positive reviews on Trustpilot bear this out.
If you would like to see how a prenuptial or postnuptial agreement might help you, get in touch with us today.
Making a prenuptial or postnuptial agreement
Both prenuptial and postnuptial agreements may seem pessimistic at first glance. When you are happy in your relationship, and about to get married, what might happen in a break-up is probably the last thing on your mind. Prenuptial agreements are often overlooked as a result. But they can be a very wise precaution, one which hopefully will not be required but, if it is, can facilitate the divorce process and provide many useful legal protections.
The benefits of a well-drafted prenuptial or postnuptial agreement include:
- Reassurance as to how assets are to be divided, making it easier to separate them if the marriage ends in divorce.
- A clear display of agreed intentions for particular assets, giving you more control over those assets in the divorce proceedings.
- A way to protect one partner from debts and financial liabilities owed by the other partner.
Are prenuptial and postnuptial agreements legally binding?
No – prenuptial and postnuptial agreements are not legally binding in England and Wales. This means that their terms can be disregarded by a court when deciding on a disputed divorce settlement.
When considering whether the prenuptial or postnuptial agreements are valid and should be upheld by the court, the following factors will be taken into account:
- Whether both spouses made the agreement without pressure or coercion
- Whether the agreement was made well in advance of the marriage
- Whether the terms of the agreement are fair
- Whether both spouses were fully open about their assets
- Whether both spouses fully understood what they were agreeing to
- Whether upholding the agreement would be unjust in any way
Provided a prenuptial or postnuptial agreement can pass these tests, it is likely a court will uphold its terms.
Can people entering a civil partnership make prenuptial or postnuptial agreements?
Yes, it is possible for people entering into a civil partnership to make an equivalent agreement. It is often referred to as a pre-partnership agreement but it has near-identical purposes and effects.
Instructing Truth Legal for your prenuptial or postnuptial agreement
We take the trust our clients place in us very seriously. Truth Legal was founded the ideals of providing high-quality, ethical, and affordable legal services to all of our clients.
Truth Legal is based in Harrogate and Leeds, and represents clients nationwide. Your case will be handled by an experienced solicitor, who specialises in family law, so you can rest assured your case is in safe hands.
By instructing Truth Legal, you will be able to call upon:
- Technical knowledge and skill – ensuring your matter is handled efficiently and correctly.
- Advice and representation – a specialist family law solicitor acting for you and protecting your legal rights.
- Support and compassion – someone on your side to help you through a time when emotions can often run high.
Contact us today for clear advice on prenuptial and postnuptial agreements.