If you are thinking of marrying, making a prenuptial agreement can ensure that you and your spouse start the next phase of your lives together on an open and honest basis. A prenuptial agreement will give you both the peace of mind of knowing how your finances will be dealt with, both during your marriage and if you should separate. It can also reduce the risk of misunderstandings and disagreements.
At Rowberry Morris, our expert prenuptial and postnuptial agreement solicitors can work with you to draft a robust agreement. We have many years of experience in helping couples formalise their wishes, including in complex and high-value cases, and are recognised by the Legal 500 as a Leading Firm for the high standards of legal advice and client care that we provide.
Our services include:
- Drafting prenuptial agreements
- Drafting postnuptial agreements
- Challenging a nuptial agreement
- Financial disclosure for agreements
For more information on our expertise, see our pages on divorce solicitors and financial disputes.
Contact our prenuptial and postnuptial agreement solicitors in Reading, Richmond, Staines and Tadley
If you would like to speak to our experienced postnuptial and prenuptial agreement solicitors, contact us today, and we will be happy to help. Speak to us at our offices in Reading, Tadley, Staines, and Richmond, use our simple enquiry form, or send an email to info-reading@rowberrymorris.co.uk and one of our friendly team members will get back to you shortly.
Our prenuptial and postnuptial agreements expertise
Drafting prenuptial agreements
We can discuss with you what you would like to achieve with your prenuptial agreement and ensure that it gives you adequate financial provision for the future. We will aim to protect any particular assets that you wish to retain, and represent you should negotiation be necessary.
Drafting postnuptial agreements
If you are already married, you can enter into a similar agreement known as a postnuptial agreement. This can be particularly useful if there are changes to your financial circumstances, for example, if you inherit money or set up a business, or if you and your spouse wish to formalise discussions you have had over finances.
Challenging a nuptial agreement
We offer robust representation for clients who wish to challenge a UK prenuptial agreement or postnuptial agreement. This could be because you were coerced into signing, your partner did not make full financial disclosure, you did not have independent legal advice before you signed, the document was given to you to sign shortly before the wedding, or the terms are unfair.
If you wish to take issue with a prenuptial or postnuptial agreement, contact us today, and we will provide you with clear advice on your position.
Financial disclosure for agreements
Both parties must make full financial disclosure to each other before a prenuptial or postnuptial agreement is signed. We can deal with the financial disclosure process on your behalf, collating evidence of your assets and liabilities, and going through that provided by your partner.
Frequently asked questions about prenuptial agreements
How much do prenuptial agreements cost in the UK?
The cost of a prenuptial agreement UK will depend on the complexity of the document and the assets and liabilities involved, as well as any negotiations that are required. If you would like a prenuptial agreement or you need advice on an agreement that you have been given to sign, contact us, and we will be pleased to help.
What are the legal requirements for a valid prenup in the UK?
A prenuptial agreement is not automatically legally binding in the UK; however, where certain criteria are met, the courts will usually follow its terms. The required points are:
- The agreement has been correctly drafted and executed as a deed
- Both parties made full financial disclosure to each other before signing
- The agreement was entered into freely, and neither party was pressured into signing
- Both parties took independent legal advice before signing
- The terms are fair, and the parties’ reasonable needs are met
- The agreement does not prejudice the interests of any children
- The agreement was signed a minimum of one month before the marriage took place
When making a financial order on divorce, the courts will always prioritise the needs of any children, which could mean that certain terms are not followed.
Can you draft a prenuptial agreement without a solicitor?
You are strongly advised to use a prenuptial or postnuptial agreement lawyer to draw up your agreement. It is a complex document, and mistakes could mean that the courts refuse to follow it, or that you lose assets that you intended to protect.
The cost of having an agreement professionally drafted is negligible compared to the cost of dealing with a protracted legal dispute if your agreement turns out to be flawed.
It is also a requirement that you take independent legal advice before signing if you wish to ask the court to make an order in those terms in the future. Solicitors are unlikely to advise on a DIY prenuptial agreement or to recommend signing one.
What assets can a prenuptial agreement protect?
You can decide what assets you would like to protect in your prenuptial agreement. The only limitations are that the agreement must be fair and both parties must be adequately provided for.
A prenuptial agreement is often used for protecting family and inherited wealth, business interests, pensions, and investments, particularly those held by one party before the marriage. An agreement can also cover future assets, for example, an inheritance that you believe you may receive one day, or a business that has the potential to grow.
Frequently asked questions about postnuptial agreements
What does a postnuptial agreement cover?
A postnuptial agreement can protect assets in the same way that a prenuptial agreement does. Couples may choose to make one when things change in a relationship, for example, if one party inherits money or sets up a business.
It can also be useful to set out how assets and liabilities will be dealt with during the marriage, for example, liability for debts, who will cover bills, and in whose name investments will be made.
What are the main benefits of a postnuptial agreement?
A postnuptial agreement can give a couple the reassurance of knowing that they will have financial security in the future, should they separate. Having difficult conversations and making provision for each other can also reduce conflict in a relationship.
Should you ever separate, having a postnuptial agreement in place can make the process faster, less expensive, and less contentious.
If you wish to make particular financial provision for one of you, for example, if one party intends to give up their career to raise a family, then the agreement can be tailored to do this.
You can also use the agreement to protect money that you wish to pass on to children from a previous relationship.
How much does a postnuptial agreement cost in the UK?
The cost of a postnuptial agreement will depend on how complex the situation is, the assets involved, and whether any negotiations are required. If you would like to discuss obtaining a postnuptial agreement and the likely costs, please feel free to call us.
Is it possible to change a postnuptial agreement?
If both parties agree, a postnuptial agreement can be changed. It is often preferable to have a new agreement drafted. The same process as before will need to be followed, with full financial disclosure of all assets and liabilities, and independent legal advice for both parties.
Contact our prenuptial and postnuptial agreement solicitors in Reading, Richmond, Staines and Tadley
If you would like to speak to our experienced postnuptial and prenuptial agreement solicitors, contact us today, and we will be happy to help. Speak to us at our offices in Reading, Tadley, Staines, and Richmond, use our simple enquiry form, or send an email to info-reading@rowberrymorris.co.uk and one of our friendly team members will get back to you soon.
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