PRE-NUPTIAL AND POST-NUPTIAL AGREEMENTS
A pre-nuptial agreement, commonly known as a "prenup," is a legal contract entered into by a couple before they get married or enter into a civil partnership. This agreement outlines how assets and finances will be divided in the event of a divorce or dissolution of the partnership. At The London Lawyer, we provide expert guidance and assistance in drafting and finalising pre-nuptial agreements to ensure that your interests are protected. Some pre-nuptial agreements also detail how the couple currently arrange their finances and how they will arrange their finances during the marriage.
A post-nuptial agreement is a legal agreement made between individuals who are already married. The agreement usually sets out how the couple wish their assets to be divided between them if they later separate or divorce. Some post-nuptial agreements also detail how the couple currently arrange their finances and how this will continue or change during the marriage.
What a Prenuptial Agreement does?
A prenuptial agreement is designed to provide clarity and certainty for both parties regarding their financial rights and responsibilities. It can cover various aspects, including:
Division of property and assets
Financial support and maintenance
Protection of family businesses or inherited wealth
Debt responsibility
Provisions for children from previous relationships
The objectives of pre-nuptial agreements and post-nuptial agreements are the same in that they provide:
Clarity. To clarify how the parties will conduct their financial affairs during the marriage, to enable the couple to have transparency at the start of the marriage. This may also assist the couple to feel financially secure within the marriage.
Certainty. To provide certainty for couples who wish to formally agree how their assets should be divided if they later separate or divorce.
Protection. To protect assets (such as inherited wealth or pre-marital property) from a later financial claim.
To limit scope for uncertain, emotionally draining and financially costly court proceedings in the event of the future breakdown of the marriage.
Our Services
Initial Consultation
We offer an initial consultation to discuss your needs and objectives. Our experienced solicitors will explain the legal requirements and implications of a prenuptial agreement.
Drafting the Agreement
Our team will carefully draft a prenuptial agreement tailored to your specific circumstances and requirements. We ensure that all important aspects are covered and that the agreement is fair and comprehensive.
Review and Negotiation
We review the draft agreement with you, making any necessary revisions. If required, we facilitate negotiations between both parties to ensure mutual agreement and understanding.
Independent Legal Advice
For a prenuptial agreement to be enforceable, it is essential that both parties receive independent legal advice. We provide expert guidance to ensure that your rights are protected and that you fully understand the terms of the agreement.
Finalising the Agreement
Once both parties are satisfied with the terms, the agreement is finalised, signed, and witnessed. We ensure that all legal formalities are properly completed to enhance the enforceability of the agreement.
Postnuptial Agreements
If you are already married or in a civil partnership, we also offer services to draft and finalise postnuptial agreements, which serve a similar purpose and provide financial clarity and protection.
Legal Requirements for Prenuptial Agreements
For a prenuptial agreement to be considered valid and enforceable in the UK, certain legal requirements must be met:
Voluntary Agreement: Both parties must enter into the agreement freely and voluntarily, without any duress or undue influence.
Full Disclosure: There must be full and honest disclosure of each party's financial situation, including assets, liabilities, income, and expenses.
Fair and Reasonable: The agreement must be fair and reasonable at the time it was made and must not be significantly unfair at the time of enforcement.
Independent Legal Advice: Both parties should seek independent legal advice to ensure they fully understand the terms and implications of the agreement.
Timing: The agreement should be signed well in advance of the wedding or civil partnership ceremony to avoid any suggestion of coercion or pressure.
Why Choose the london lawyer?
Expertise: Our solicitors have extensive experience in drafting and negotiating prenuptial agreements, ensuring your interests are well protected.
Personalised Service: We offer a personalised approach, taking the time to understand your unique circumstances and objectives.
Confidentiality: We handle all matters with the utmost confidentiality and sensitivity, respecting your privacy.
Comprehensive Support: From initial consultation to finalisation, we provide comprehensive support and guidance at every step.
Contact Us
If you are considering a prenuptial agreement, contact The London Lawyer today. Our experienced team is here to provide expert advice and ensure that your financial future is secure.