What are Pre-Nuptial & Post-Nuptial Agreements?
In the UK, a prenuptial agreement is a legal document drawn up between a couple before marriage to outline how their assets will be divided between them in the event of a divorce or separation. And, a post-nuptial agreement can be drawn up after marriage.
Assets such as property, debts, and income are usually covered in a prenuptial agreement to help couples avoid any financial surprises if the relationship were to break down. These types of agreements are more likely to be put in place when a partner already has or is likely to acquire more assets than the other.
Assets including property, debts, and income are usually covered in a typical prenuptial agreement to help couples avoid any financial surprises if the relationship were to break down in the future.
Benefits of Pre-Nuptial & Post-Nuptial Agreements
The main benefits of a prenuptial or postnuptial agreement are to provide clarity for couples around how their assets will be divided in the event of a relationship breakdown.
The typical agreement terms cover:
- Protecting children’s inheritance or specific assets
- Protecting inherited money, assets, or savings
- Giving you both a choice on how the assets are split
- Allowing one partner to retain full control of a business
- Protection from partner’s debt
How We Can Help
Our family law solicitors in Sheffield, Rotherham, and Barnsley understand your needs and concerns regarding prenuptial and postnuptial agreements. We can offer you expert advice on:
- How to preserve the equity you already have or the assets you are bringing into the partnership
- How to protect future assets that come your way
- Business assets
- Family home
Howells LLP solicitors have a wealth of experience in family law in the UK, and we can provide the best possible advice on your options.
We have worked on all kinds of cases including many where one or both parties have significant wealth. Whether you have complicated assets or financial interests, we can help you draw up a prenuptial or post-nuptial agreement that suits you.
Pre-Nuptial & Post-Nuptial Agreements FAQs
Do Pre & Post-Nuptial Agreements Hold Up in Court?
No, not currently, as 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 is reasonable and fair for both parties on separation.
Why Should I Have a Prenuptial Agreement?
You should consider drawing up a prenuptial agreement before you get married if you want to determine how your property and finances will be dealt with if you were to separate.
The main reasons we would advise you to get a pre or post-nuptial agreement would be:
- It avoids uncertainty and arguments over finances.
- It protects your money and assets that you have inherited.
- It preserves assets for any children from previous relationships.
- Ensures you retain control of a business.
- Protects you from being liable from any debts your partner has.
What Does a Prenup Include?
A prenup (prenuptial) agreement usually includes an inventory of your assets and details on how you and your partner wish for them to be looked after during your marriage and how they will be split should it break down. However, if there are any assets which you would prefer not be divided between you and your partner, these should be included in your prenuptial agreement.
The agreement usually includes:
- Property held in your sole name or in joint names
- Savings held in bank accounts
- Premium bonds
- Inheritance
- Stocks and shares
- Pension pots
- Income
- Business interests
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