Pre-and Post-Nuptial Agreements

Pre and postnuptial agreements are increasingly common for couples who want to deal with their assets on an open and honest basis and set out clearly what will happen to their finances in the future, should they separate.

It can also help avoid misunderstandings and reduce conflict if both parties know exactly what their financial situation is from the start.

At Lawrence Stephens, we draft robust pre and postnuptial agreements for clients from a wide range of backgrounds, including high-net-worth individuals, those with children from a former relationship, couples where one party is in a financially weaker position and clients from overseas.

Our extensive experience in family law means we can work with you to ensure that your pre or post nuptial agreement provides the security you need for the future. We will take the time to understand your situation and discuss the best options available to you. Where necessary, we can negotiate on your behalf to ensure your rights and interests are protected.

What is a pre or postnuptial agreement?

A pre-nuptial agreement is a contract entered into by a couple before their marriage setting out what will happen to their assets in the event that they divorce. The same type of agreement can also be used for those entering into a civil partnership.

For those who are already married, a postnuptial agreement can be made. Couples sometimes opt to put an agreement in place if their circumstances change, for example, if one party inherits money.

Key clauses in a pre or postnuptial agreement

• How assets will be shared, including savings, investments and valuable items such as cars and furniture
• How debts will be split, especially if they were incurred by one party
• How pensions will be dealt with
• Protection of future earnings
• Provision for children, over and above basic maintenance
• What will happen if one party inherits money
• What will happen to your matrimonial home and any other property you own
• Who will keep any pets that you have

Is a pre or postnuptial agreement legally binding?

Pre and postnuptial agreements are not legally binding but the court is likely to follow their terms provided the following apply:

• The agreement does not prejudice the reasonable needs of any children involved
• The agreement was made at least 28 days before your marriage
• You both made full financial disclosure before the agreement was made
• You both took independent legal advice before signing
• You intended to enter into the agreement and understood the implications of signing