Prenuptial Agreement Solicitors

Our prenuptial agreement solicitors are ready to offer you legal advice and expertise. If you are considering entering into a prenuptial agreement or have been asked to consider one, then get in touch with our team of prenup lawyers. We are experienced in preparing prenuptial agreements to protect assets in both the UK and abroad. Depending on the complexities of your agreement, we may be able to prepare your prenup agreement at an agreed fee too. This would include obtaining the necessary information, advising you on potential factors to negotiate or include and arranging for the agreement to be signed.

Prenuptial

What is a prenuptial agreement?

A prenuptial agreement (commonly known as a prenup) is a written agreement entered by parties prior to their marriage or civil partnership, setting out what will happen to financial assets in the event the marriage breaks down and they separate or get divorced. 

The agreement usually lists all of the assets - any cash, property rights, business assets, investments etc. - (or debt) that each person owns and outlines who will take ownership of these if the marriage or partnership ends.

There are various reasons why you might want to enter into prenup agreement, including:

  • Eliminating uncertainty and disagreements over finances and assets if your relationship ends
  • Protecting money or assets you have inherited and want to keep within your family
  • Preserving assets for children from previous relationships
  • Ensuring you retain control of a business
  • Protecting yourself from being liable for debts your partner has

Richard Nelson LLP’s family solicitors have decades of experience in UK family law and are well-positioned to advise you on your options. Whether you have complicated assets or have specific financial interests you wish to protect, our lawyers can help with the arrangement of a prenuptial agreement that suits you. With a network of solicitors across the UK, we offer a personal service, ensuring you feel supported every step of the way. 

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What should a prenuptial agreement include?

A prenuptial agreement can be one way of ensuring that financial matters arising out of the breakdown of the marriage are dealt with in an amicable manner, giving parties greater control, certainty and avoiding the need of protracted court proceedings.

The agreement should include the below as a mandatory basis:

  • How property, money and any other assets will be divided
  • The protection of any inheritance, now or in the future
  • Any pre-marriage assets or businesses
  • Grounds to ensure adequate financial provision for children from a previous marriage/relationship

No two relationships are the same. This is why prenuptial agreements can vary between marriages and partnerships. Our prenup lawyers ensure that your prenuptial agreement is bespoke and tailored to your assets and situation.

Is a prenuptial agreement legally binding?

A prenuptial agreement is not legally binding. However, the court does recognise its increasing importance (Radmacher v Granatino (2010). A court has the discretion to uphold an agreement, or certain aspects of it, providing specific requirements are fulfilled when the parties entered into a prenuptial agreement. Where parties have entered into a prenuptial agreement, neither party can exclude the jurisdiction of the court to decide on the division of the assets. In the event, financial remedy proceedings are subsequently commenced. However, the court will consider the agreement and will decide what weight to attach to it, by taking into account the following:

  • Whether each party entered into the agreement without any undue pressure
  • Whether the marriage would have gone ahead without the agreement
  • Whether each party had the opportunity to take independent legal advice, prior to signing the agreement
  • Whether each party exchanged full disclosure of their financial positions before signing the agreement
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How our prenup lawyers can help

Here at Richard Nelson LLP, our family solicitors offer legal advice to individuals and couples considering entering into a prenuptial agreement or those that have been asked to consider one.

We have experience in preparing agreements involving assets both in the UK and abroad. 

Depending on how complex or straightforward the agreement is, we may be able to offer you an agreed fee to prepare a prenuptial agreement. We will obtain the necessary information required to prepare the agreement, advise you on any other issues that you may wish to consider or include in the agreement and arrange for the agreement to be signed.

If you are considering entering into a prenuptial agreement, or you have been asked to consider it, then please contact us for further advice.

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