At Brethertons, our team are highly experienced with prenuptial agreements. We can provide clear, pragmatic advice on what is reasonable and realistic, making sure you fully understand the effects of the document you are signing. This way, you can be confident that your interests are protected ahead of your marriage.
Our experts can help with:
- Drafting prenuptial agreements
- Independent advice before signing a prenuptial agreement
- The application of prenuptial agreements during divorce
- Replacing a prenuptial agreement with a postnuptial agreement
We can also advise on all other aspects of divorce and separation.
Why choose Brethertons prenuptial agreement solicitors?
- Our expertise is independently recognised with Band 1 ranking in Family/Matrimonial Law by Chambers & Partners and Tier 1 ranking for Family Law from the Legal 500
- We are accredited by the Law Society for Family Law and Family Law Advanced
- Our service is tailored to your exact circumstances and requirements, so you know the solutions we offer will also best match your needs
- We can help clients across England and Wales over the phone, via email and videoconferencing, as well as face-to-face where appropriate
- Our advice is straightforward and jargon-free, so you can be sure you understand your rights and the consequences of the decisions you are making
Our prenuptial agreement services
Drafting prenuptial agreements
Prenuptial agreements must be carefully drafted to ensure that they meet the necessary legal standard and that the document’s terms mean exactly what you intend. This is why having an experienced prenup lawyer draft the document for you is so important.
Our experts can discuss the effect you wish your prenup to have with you, negotiate the terms with your partner and their representatives, and draft the final document for you. You can then be confident that your agreement is accurate and legally sound.
Independent advice before signing a prenuptial agreement
Both people must have independent legal advice before signing a prenup or it is unlikely to hold any legal weight. Getting expert advice can help you to feel confident that the terms of the agreement mean what you think they do and that the provisions set out in your prenup are fair.
Our prenuptial agreement lawyers can provide fast, effective advice on prenups, so you can sign with confidence. Where appropriate, we can also advise on any sensible amendments and negotiate these points with your partner and their legal team if required.
The application of prenuptial agreements during divorce
If you have reached the end of your marriage, prenup terms should be closely examined to make sure you are clear how they apply to your situation. This can help to avoid any nasty surprises during your divorce and help to keep things amicable.
If you are unhappy with the effect of your prenuptial agreement, it may be possible to negotiate a different division of finances with your spouse. If this cannot be achieved, then you may be able to apply to a court to decide whether the terms of the agreement are fair or if another division of assets should be applied.
Replacing a prenuptial agreement with a postnuptial agreement
Sometimes during the course of a marriage, things happen that mean the terms of a prenuptial agreement might no longer match your circumstances. For example, you might have children or receive a substantial inheritance and realise that your prenup does not make any provision for this. This could create uncertainty and might leave your existing agreement open to challenge.
The solution here would be to replace your prenup with a postnuptial agreement. This offers the same protection as a prenup but can be entered into at any time during the course of your marriage. Our team will be happy to advise on whether a postnuptial agreement might be suitable and then assist with negotiating, drafting and reviewing the new document.
Prenuptial agreement FAQs
What is a prenuptial agreement?
A prenuptial agreement is a legal document that sets out how a married couple’s combined assets would be divided in the event of a divorce.
How much is a prenuptial agreement?
The cost of a prenuptial agreement will depend on the circumstances. They can often be prepared and reviewed on a fixed fee basis, giving certainty over the cost you will need to pay. Our team will be happy to discuss our prenuptial agreement costs when you contact us.
What does a prenup protect you from?
If you are the person entering a marriage with fewer assets and/or a lower income, a prenuptial agreement can protect you against the risk of contentious, lengthy and costly court proceedings if your marriage ends in divorce. By agreeing upfront how your combined assets would be split if your relationship ends, you make it much more likely that this could be handled amicably if that time ever comes.
If you are the person entering the marriage with higher assets and/or income, then a prenup can protect you against the risk of losing more than you would be comfortable with in any divorce settlement. It can allow you to ringfence particular assets such as a business, an inheritance or, more generally, specify that any assets you bring into the marriage would remain your own in the event of a divorce.
Are prenups legally binding in the UK?
As it stands, prenuptial agreements are not binding on the parties or the court but are likely to be taken into consideration by a judge when asked to divide a family’s assets upon separation. They are particularly appropriate in the case of second marriages where parties wish to preserve the assets they brought into the relationship and any future inheritance of their children. They are also useful where one party has acquired their own wealth prior to the marriage.
It should be noted that the likelihood of a prenuptial agreement being binding will diminish the longer the marriage lasts and with the arrival of any children.
Prenuptial agreements are an emerging area of law and it is impossible to say whether they will become binding upon parties and the courts at any stage in the future. However, they have certainly been given more weight following recent case law. If you have any questions or would like to draw up an agreement, we have experienced lawyers who will be able to assist you.
How long does it take to negotiate a prenuptial agreement?
There is no set timetable for negotiating a prenuptial agreement, it will take as long as it takes for the two parties to agree what the terms should be. If your finances and situation are relatively straightforward, a prenup can often be agreed quite quickly. That said, it is important not to rush the process or make either party feel under pressure to reach an agreement as this could harm your relationship and make the agreement less likely to be taken into consideration by a judge.
Can you get a prenuptial agreement after marriage?
You cannot get a prenuptial agreement after marriage as the agreement must be signed before the marriage ceremony. However, you can get an equivalent agreement called a postnuptial agreement or ‘postnup’.
A postnup can be made at any time during a marriage and they are sometimes used to replace a prenup where the terms of the prenuptial agreement are no longer suitable for your circumstances.
Consult our prenuptial agreement solicitors in Banbury, Bicester and Rugby
To speak to our prenuptial agreement solicitors today, please don’t hesitate to get in touch.
We have offices in Banbury, Bicester and Rugby, working with clients across Coventry and Warwickshire, the West Midlands, Oxfordshire and nationwide.
