Prenuptial & Postnuptial Agreements solicitors

Merriman Solicitors (Incorporating AB Family Law)

What is a prenuptial and postnuptial agreement? 

Marriage is an exciting time for couples, it is the most important legal commitment most people make in their lifetime. It is therefore important to enter into the union with confidence about your financial security and with mutual respect. 

Both prenuptial and postnuptial agreements allow you to predetermine how you wish your assets to be split with your partner should you divorce in the future, rather than allowing the divorce courts to dictate this if the time comes. 

Why make a prenup?

Under UK law, marriage is considered a partnership meaning that if the partnership ends, each spouse is entitled to an equal distribution of their shared assets. However in reality, this distribution of assets wouldn’t be seen as fair in many cases and divorces tend to be more complex. 

Having a prenup in place before getting married can help avoid conflict, time and expense should the marriage unfortunately come to an end. It sets expectations for the way finances would be split and allows each party to protect their own interests from the start. It can even be argued that prenuptial agreements create stability, allowing the couple to enter their marriage with a sense of mutual understanding and respect.

Specific reasons for having a prenuptial agreement are as follows:

Protecting assets and earnings

Marriages are increasingly taking place later in life. Because of this, many couples already wholly own assets individually when they choose to get married. For example some may own property they bought alone before meeting their partner. A prenuptial agreement is a way of protecting these assets should the marriage end. 

It is also true that prenups are popular among high earners, or those with significant wealth which is more than that of their partner when they marry. A prenup will allow them to ring fence their income, bonuses, investments or business assets.

Remarriage and children

Those who have been married before are more likely to opt for a prenuptial agreement. This can be because they have experienced a messy divorce and want to take precautions. There are also practical reasons such as safeguarding the financial settlement from the previous divorce, or providing for children from the previous relationship fairly. 

The same applies for those who have been widowed. It is sensible to protect your late partner’s assets for any children you shared together before remarrying. 

Different laws overseas

When people move to, or have property in another country, the laws dictating how couples should split assets might be less favourable. In this case it is sensible to have a prenup drafted by a UK solicitor as it may help protect their interests if a divorce happens. 

However, it is important to consider that a prenuptial agreement made by a solicitor in the UK will not hold the same weight if you permanently relocate and are using foreign courts of law.

Is a pre or postnuptial agreement legally binding? 

Pre and Postnuptial agreements are not currently legally binding in the UK. A divorce court will adhere to the agreement however if it is seen to be legitimate and fair. The following points make this more likely: 

• The agreement was made with independent legal advice.
• Both parties fully disclosed their assets.
• Neither party was under pressure to sign the agreement, particularly the person who had the most to lose.
• The financial situation hasn’t changed too much.

Using a qualified family law solicitor to draft your pre or postnuptial agreement increases the chances of it being seen as valid in a court of law and interpreted as you intended. It is also a requirement for each party to seek independent legal advice to construct a valid prenup, rather than the couple working with one solicitor together. 

Who should consider a pre or postnuptial agreement? 

It is increasingly common for marriages in the UK to begin with a prenup. Anyone who has assets they would like to ensure they hold on to if a divorce happens should consider making one. 

Prenuptial agreements are particularly important for:

• Those with significant individual wealth and assets prior to marriage
• People with children from previous relationships that they would like to provide for
• Business owners
• People with assets overseas

How can Merriman Solicitors help? 

We understand that getting married is an incredibly exciting time for couples, and speaking about protecting your financial interests in case of a divorce may be awkward. Our family law solicitors are experienced in handling these cases sensitively. Our highly qualified team will create a pre or postnuptial agreement which is accurate and fair. This increases the likelihood that a UK court of law will adhere to the agreement should the marriage end in divorce, saving a lot of time, expense and conflict.
If you need advice or wish to speak to one of our family lawyers please get in contact with our team to arrange a call or meeting, or visit one of our branches: Marlborough, Chippenham or Gloucester.