Ensure your assets are protected with prenuptial or postnuptial agreements, commonly known as prenups and postnups. While these discussions may be less than romantic, they play a crucial role in protecting your financial interests in the event of a relationship breakdown.
Our experienced prenuptial agreement solicitors specialise in guiding clients through these processes, providing clarity and peace of mind.
Though discussing these matters may feel uncomfortable, addressing them early on is a practical step toward securing your financial future.
With our legal guidance from our prenup lawyers you'll navigate these discussions with confidence, ensuring your interests are protected both now and in the future.
Schedule my prenup consultationWe act for high net worths, C-suite executives, business people, entrepreneurs, landowners, professionals, international clients, sportspeople and those in the entertainment industry, their partners or spouses and are skilled in navigating a path for our clients through relationship breakdown to financial settlement.
We ensure that your case is dealt with sensitively and with respect for ongoing relationships. As members of Resolution, the family law association, we adhere to their Code of Conduct and take a non-confrontational approach where possible. We will guide you on the most appropriate route for you using non court dispute resolution options where possible and advising on court proceedings where necessary.
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A prenuptial agreement is an agreement that a couple enter into before they marry or civilly partner, and it sets out how resources and assets would be split if the relationship ends.A prenup can be used to predetermine the outcome of a divorce settlement, taking away the stress, uncertainty and cost of a court dealing with it if there were a divorce.
A prenup is often used as a way to safeguard or ringfence certain assets to protect them from future claims if there were a divorce. Prenups are therefore commonly used if there is a wealth imbalance between the parties.
A postnuptial agreement, sometimes known as a postnup or post-marital agreement, is an agreement entered into by the parties of a marriage or civil partnership.
Like a prenuptial agreement, a postnuptial agreement sets out how resources and assets would be split in the event of a relationship ending.
We explain what you should consider when entering into a pre or post nuptial agreements and how international jurisdictions can affect them.
Learn more about prenups and postnupsPrenuptial and postnuptial agreements are not legally binding in England and Wales as this would require a legislative change. However, they are persuasive evidence in financial proceedings, especially if certain safeguards are adhered to.
The Supreme Court case of Radmacher shifted the balance so that it is extremely likely in the future a prenuptial agreement will be upheld by a court unless it can be shown that doing so would be unfair to the other party in the circumstances at the time of the divorce or civil partnership dissolution.
The Law Commission has also reported on prenuptial agreements and recommended that they should be largely upheld provided that they meet the needs of both parties.
The safeguards that should be adhered to can be summarised as:
The agreement meets contract law criteria (no fraud, undue influence or misrepresentation);
The agreement is signed as a deed no less than 28 days before the wedding;
Both parties must have been informed of its implications, appreciated those implications and considered (and ideally sought) legal advice;
Both parties have made full disclosure of their assets and resources.
Prenuptial agreements are treated differently in Scotland and are considered legally binding.
Prenuptial agreements have been used in Scotland for centuries. They have a long history in Scotland and have always been recognised as valid agreements. They have been used in Scotland since the Middle Ages to regulate financial arrangements during marriage and on divorce.
Provided they are prepared and signed properly, they will be recognised and deemed valid in the event of any divorce or civil partnership dissolution. The Family Law (Scotland) Act 1985 specifically recognises that the parties to a marriage or civil partnership might have already reached an agreement before or during their marriage or partnership.
The court is required to take into account any agreement when deciding if they should make any financial order in the divorce or dissolution. The courts in Scotland are unlikely to interfere with the arrangement set out in an agreement unless there is a very good reason to do so, such as the agreement not being entered into fairly or with the appropriate capacity.
The test for challenging the validity of any agreement in Scotland is a high one. Provided the agreement has been entered into openly and without coercion, it is very difficult to overcome that hurdle. Accordingly, a well-drafted prenuptial agreement will provide considerable protection and financial certainty for any person going into a marriage.
Schedule my prenup consultationPrenuptial agreements are typically associated with celebrities and the super-wealthy, but the reality is quite different.
Prenups are growing in popularity with entrepreneurs, people with shares in a limited company, those with a stake in a family business, and those entering into second marriages.
Equally, those who have received an inheritance (be it large or small) may feel that this money should be considered separately to matrimonial assets.
It may be the protection of future shareholdings or a future windfall that is the motivating factor, or ensuring that children from a first marriage do not lose out on their inheritance as a result of a divorce or dissolution.
You might consider a prenuptial agreement for reasons such as:
International couples may also choose to enter into a nuptial agreement. They can be commonplace in other legal jurisdictions.
A prenuptial agreement is intended to set out the couple's agreed decision about what should happen to their assets if they get divorced. They can be as in-depth as the couple requires.
Prenups can cover everything down to the last detail, including who will keep specific items of furniture and how much child maintenance should be paid (even if the couple do not have children yet). For other couples, an agreement might simply record that one party's share of inherited property is to be treated separately in the event of a divorce, but the split of all other assets will be decided upon if and when needed.
A couple may understandably not always be in a position to predict what they will have at the point of a hypothetical divorce or dissolution. In those cases, prenuptial agreements often record principles. For example, a couple may choose to agree that all property bought in joint names during the marriage or civil partnership will be shared equally. Review clauses can also be used so the agreement is reconsidered at the date of significant events, such as at the birth of a child.
Although many agreements are entered into prior to marriage or civil partnerships (prenuptial agreements), postnuptial agreements (those entered into after the marriage or civil partnership) are equally effective.
Schedule my prenup consultationDifferent countries will take different approaches to prenuptial and postnuptial agreements and it should not be assumed that an English or Scottish court will uphold a German agreement or vice versa.
A couple from different countries, planning to live abroad, or with assets held overseas may need a prenuptial agreement in more than one jurisdiction and in more than one language. We can guide you.
A prenuptial and subsequently post nuptial agreement must keep pace with any changes in the parties' circumstances, and regular reviews, whether formally or informally undertaken, should take place.
Even though some cases successfully challenge prenuptial and postnuptial agreements, in full or in part, and so there is no absolute guarantee of success, these agreements are a powerful tool in limiting claims on divorce or dissolution, even if it cannot be guaranteed that the claims will be limited precisely along the same terms as provided for in that agreement.
About Fiona:
Fiona joined Weightmans' family law team in 2015 as a partner with over 20 years' experience dealing exclusively with family law issues. Having practised in London with leading and innovative family law firms before relocating to Manchester, Fiona deals with matters for clients wherever they are based – whether in the North West, London or elsewhere in the UK and abroad.
About Caroline:
Caroline has more than 30 years' experience in family law, with renowned expertise in international child relocation and cohabitation claims, as well as complex financial provision cases.
They are not 100% binding as this would require a change in the law/statute, but they are very likely to be upheld if the agreement meets the criteria that it was entered into freely, with both parties fully appreciating the implications of the agreement, and it is fair to hold the parties to the agreement in the prevailing circumstances at the point of the divorce or dissolution.
Prenuptial and postnuptial agreements are a powerful tool in limiting claims on divorce or dissolution, even if it cannot be guaranteed that the claims will be limited precisely along the same terms as provided for in that agreement.
Prenups don't have to be expensive. The cost of a prenuptial agreement will vary, depending on how complicated the couple's situation is, their assets, and what they can agree. It is also essential both parties take separate legal advice, so there will also be two sets of lawyers' fees.
It is recommended that they are open and honest with each other about the outcomes they fear and what they can agree is fair. Often questions arise during discussions that the couple may not have even considered.
A prenuptial agreement can only be entered into with both parties’ agreement so it is important that they are both fully involved in the discussions rather than leaving it entirely to lawyers.
Declarations of trust are usually associated with, and limited to, property purchases made before marriage. They typically set out and define each party's contribution to the price of a house, particularly when one contributes more towards the deposit, and how the proceeds of any sale would be divided between them.
In most cases, however, the protection offered by a declaration of trust is lost if the parties get married or enter into a civil partnership as the court has the power to decide what should happen to the equity in the property. A prenuptial agreement could be designed to set out the same criteria and continue this protection.
If the marriage or civil partnership proceeds without a prenuptial agreement, a financial settlement on divorce or dissolution will be determined by reference to the s25 factors.
If there is no prenuptial agreement, and no marriage or civil partnership, in the event of relationship breakdown, you will be reliant on the limited remedies available to cohabiting couples.
Scotland has a different legal system to that in England and Wales. Both countries have different laws applicable to family law cases particularly divorce. Prenuptial agreements in Scotland have been recognised as valid contracts for centuries and therefore will generally be upheld by the courts if entered into properly.
It has been a long-held tradition in Scotland to recognise a person's right to contract with another person and the courts have been loathe to interfere with that right even in a divorce or dissolution situation.
In England and Wales, the courts have taken a different approach but are now giving considerable weight to any prenuptial agreements when determining cases.
If you are already married or have entered into a civil partnership, you should discuss with your parents whether they intend for both you and your spouse/partner to benefit from their lifetime gift, or any future inheritances on death, or whether they would prefer it to be ring-fenced in your favour in case there are relationship difficulties in the future.
If the family would prefer it to be protected, you should consider a postnuptial agreement, entered into prior to your receiving that gift.
You should be open with each other and talk about what you would intend to happen if you were to pass away or if the relationship broke down. It might be that the answers to these questions are different.
We can help you weigh up what is important to you and your family, and ensure that you protect those who are important to you through a prenuptial agreement and estate planning/Wills.
