Prenuptial and Postnuptial Agreements
A prenuptial agreement is entered into prior to the marriage/civil partnership and a post-nuptial agreement after marriage/civil partnership and they set out what will happen financially on separation.
Our family solicitors in Sheffield understand your needs and concerns and so for example, you may need advice on:
- How do you preserve the equity you already have in your home or assets and pensions you are bringing into the marriage or civil partnership?
- How do you protect future assets that may come your way such an inheritances?
- How do you protect a trust of which you and potentially your spouse or civil partner are beneficiaries?
- Business assets – particularly important if one party already has significant business interests before marriage or civil partnership.
- Family home – who will be entitled to remain, or should the property be sold?
There are many, many more questions that will need to be asked and answered in order for a pre or post nuptial agreement to be prepared and this is a very complex area of the law.
Whilst nuptial agreements (also known as prenups and postnups) are not currently binding on the court when spouses and civil partners separate, they can if properly prepared be persuasive providing certain safeguards are met (for example full and frank disclosure, no duress and each must have separate legal advice and fully understand the terms of the agreement). Most importantly the nuptial agreement must make reasonable and fair financial provision for both parties and any child(ren), if not the court will have little if no regard to the agreement at all and, a judge can make financial provision different to that contained in the agreement.
Our family solicitors are used to negotiating the difficulties which stem from nuptial agreements. We know what issues arise and are experienced in drafting agreements which clearly set out what will happen when a couple separates, lessening the worry and allowing the couple to enjoy living together, without uncertainty.
Contact us to book your free initial appointment (30 minutes) via email by clicking here or call us on 0114 266 6660.
FAQs
Are pre and post nuptial agreements binding on the court?
In short no not currently. It is a complex area of the law. However such agreements can be persuasive providing the required safeguards are put in place and the agreement makes reasonable and fair financial provision for both parties on separation. Given the complexity and the need to meet the required safeguards so as to achieve the maximum protection possible for your assets or to ensure appropriate financial provision is made for you, advice from our family solicitors should be sought.
When should I get a prenup?
It is one of the safeguards that both parties should have ample time to consider the terms of a prenuptial agreement so you must afford as much time as possible. There is guidance indicating at least 21 - 28 days before marriage but, we would advise that this is the absolute minimal time period and you should allow far more time.
