Pre and Post-Nuptial Agreements
Pre and post-nuptial agreements are essential for couples who want to keep certain property and assets separate to protect them from becoming part of a financial settlement in the event of divorce. At Eldwick Law, our family law solicitors create bespoke, carefully considered pre and post-nuptial agreements that are robust enough to be upheld by the courts.
We are a boutique law firm based in Central London. Most of our clients are high-net-worth individuals who have considerable assets both in the UK and abroad. Our pre and post-nuptial agreements are designed to protect property and assets fairly and transparently. Although technically these types of agreements are not legally binding, the Supreme Court has stated that
‘’the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”
Our family law solicitors have the legal knowledge and commercial acumen to draft a pre or post-nuptial agreement that takes into consideration changes that occur throughout a marriage, including having children. You can be confident that by instructing us, what you have agreed will be upheld by the courts, providing you with certainty regarding your future financial security.
We have extensive experience in drafting complex pre and post-nuptial agreements involving:
- Oversees-based property and assets
- Family trusts
- Substantial inheritances
- Business interests, including family companies
- Stocks and shares
Below are some common questions regarding Pre and Post Nuptial Agreements.
What are the formalities related to entering into a nuptial agreement?
There are a number of steps you will need to follow to ensure that the nuptial agreement you enter into is complete and legally valid.
- Each party should engage with an independent family law Solicitor before proceeding – this will ensure that any agreement entered into is legally valid and protects the interests of each party
- Financial disclosure – as part of the process, each party will be required to disclose all of their financial interests (e.g. property, assets, money)
- Review your requirements – your Solicitor will work with you to understand your requirements for a nuptial agreement
- Your nuptial agreement will be drafted, taking into consideration the financial disclosure and requirements of each party
- Review the document and make any changes
- Sign the agreement willingly and in full knowledge of its contents and implications.
- Arrange for periodic reviews of your nuptial agreement – this will ensure that it remains current and legally valid at each stage of your marriage/civil partnership.
Your family law Solicitor will explain the full process of drawing up and entering into a nuptial agreement at the outset. This is the perfect time to ask any questions you have and to make sure you fully understand each step in drafting and agreeing to your nuptial agreement.
What are the advantages and disadvantages of nuptial agreements?
As with any form of legal agreement, it is important to understand the advantages and disadvantages of a nuptial agreement. The benefits of a nuptial agreement are as follows:
- Provides clarity as to what is considered “non-matrimonial property”
- Protection of assets in the event of legal separation
- Provides certainty & transparency in the event of separation
- Debt protection – If a party holds significant pre-marital debts, a nuptial agreement can be used to protect the other party’s assets from repaying those debts
- Can be used to compensate for the loss of a career
- Protection of family members
- Protection of business partners
- Minimises acrimony on divorce
- Inheritance family members (i.e. children and grandchildren) can be protected
- Parties can agree to their own terms
- Prevents financial opportunism
The main disadvantages of nuptial agreements are as follows:
- Not legally binding – although the courts will normally take a valid nuptial agreement into consideration
- May result in the economically weaker party being penalised
- Difficult to include financial provisions for children
- May provide no inheritance rights and prevent claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Some parties find it emotionally distressing entering into a nuptial agreement
What differentiates us from other law firms is our focus on niche practice areas and the sheer intelligence and commitment of our team. We understand how important it is for high-net-worth individuals to have confidence that in the event of divorce, the wealth they created before getting married is protected. Our solicitors will carefully listen to your objectives and construct and execute an agreement that meets the requirements to be upheld by the courts.
To make an appointment with our pre and post-nuptial agreement solicitors, please contact us at firstname.lastname@example.org or phone our London office on +44 (0) 2039728469.