Personal Legal Services » Family Matrimonial and Divorce » Prenuptial Agreements
Despite the common preconception that Prenuptial Agreements (also known as prenups) are only for the rich and famous, the reality is very different. In fact, they can be perfectly suited to couples from all walks of life.
At Taylor Emmet, our expert Solicitors and Lawyers are here to listen to your thoughts and concerns, providing straightforward advice on the process of signing a Prenuptial Agreement and the effects of doing so. We are here to ensure that you have all the support you need so that your interests will be protected ahead of your marriage.
Is a Prenuptial Agreement right for you?
We are here to ensure that you have all the support you need so that your interests will be protected ahead of your marriage.
Our expertise with Prenuptial Agreements
Our Prenuptial Agreement Solicitors and Lawyers appreciate that talking about the end of your marriage isn’t exactly romantic and can often prove to be a difficult conversation. We also understand the importance of approaching these matters in a friendly way that is sensitive to your needs and priorities.
Our Family Law team have been recognised as one of the top family firms in The Legal 500 within Sheffield City Region and beyond, demonstrating both our expertise and experience.
Our approach always seeks to reduce conflict, utilising whichever method is best suited to your circumstances. So, if you find yourself at odds with your partner over a prenuptial or postnuptial agreement, our team will be available to provide tailored support and advice that is clear and jargon-free.
How our Prenuptial Agreement Solicitors and Lawyers can help you
Reviewing your circumstances and drafting a Prenuptial Agreement
As you might expect, plenty of thought needs to go into a prenup before you consider drafting a document for your partner to sign. You need to be sure that a prenup includes provisions which are fair and precisely match your intentions, leaving no room for misinterpretation.
Our Prenup Solicitors and Lawyers can work closely with you to assess your circumstances and what you are looking to achieve. From here, we can help you put together a clear, unambiguous prenup on your behalf, before proceeding to negotiate the terms with your partner and their representatives.
Advice before signing a Prenuptial Agreement
It is vital that both you and your partner receive independent legal advice prior to signing a prenuptial agreement. Failing to do so could have major consequences should the marriage come to an end.
If your partner has drafted a prenup, we will provide fast and efficient advice so that you can feel confident that you fully understand and appreciate the terms of the proposed agreement. If we believe that it would be in your best interests to do so, we can also advise on any amendments and negotiate these with your partner and their legal team.
The impact or relevance of a Prenuptial Agreement during divorce or separation
In the event of a divorce or separation, it will be necessary to refer back to the terms that were agreed on and how they apply to your situation.
If there are any disagreements about the effect of your prenuptial agreement, it may be necessary to apply to a court to confirm whether the terms of the original agreement are fair and/or the correct procedures were followed when it was entered into.
Postnuptial Agreements
While prenups are recognised by many couples, fewer people are aware of Postnuptial Agreements. Postnuptial Agreements are made by couples who have already entered into a marriage or a civil partnership and, whilst they have no intention of separating, wish to determine how their assets would be dealt with if the situation were to arise.
The effect of a postnup is much the same as a prenup, which means the process shares many similarities. Our team can advise you on creating a postnup, whether you are making an agreement from scratch, or you are seeking to replace an existing prenup with something that is better suited to your circumstances.
Frequently asked questions about Prenuptial and Post Agreements
What are Prenuptial and Postnuptial Agreements?
What are Prenuptial and Postnuptial Agreements?
It is increasingly common for couples to enter into a marriage or civil partnership having already accrued personal wealth or with assets that they wish to preserve for children from an earlier relationship. They might be looking to protect a pension, house, business interest or investment and there is a wish to retain control over how these assets would be dealt with were the relationship to end.
Prenuptial and Postnuptial Agreements provide you with an opportunity to preserve assets and determine any future financial settlement, in the event of a relationship breakdown.
How much is a Prenuptial or Postnuptial Agreement?
How much is a Prenuptial or Postnuptial Agreement?
The fees you may be expected to pay for a prenuptial agreement from our specialist team will vary from case to case and can depend on a wide range of factors.
Once we have a clearer understanding of the level of support you require, our team will be able to advise you further on what the likely costs will be.
Are Prenuptial and Postnuptial Agreements legally binding in the UK?
Are Prenuptial and Postnuptial Agreements legally binding in the UK?
Historically, such agreements were not legally binding in the courts. It was simply one of many factors taken into account when deciding what was a fair and reasonable financial settlement.
However, in 2010, the Supreme Court dealt with a case called Radmacher v Granatino which involved a divorcing couple with wealth way beyond most people’s dreams. It was decided during this case that the existence of a Prenuptial or Postnuptial Agreement had “magnetic importance” and that as a starting point, divorce courts would uphold it, unless it could be shown to be unfair in the way it was created or would produce an unfair result at the time of separation.
The principles set down by this court case now apply to all couples considering a Prenuptial or Postnuptial Agreement. They are still not legally binding, which means a court can make orders that are contrary to their terms, but the onus is on the person who is no longer happy with the agreement to persuade the court there is a good reason why it should be ignored.
How do you get a Prenuptial or Postnuptial Agreement?
How do you get a Prenuptial or Postnuptial Agreement?
If you would like to get a prenup, it is important that you speak to a specialist about the process for doing so. Our Prenuptial Agreement Solicitors and Lawyers can work with you to help you understand exactly what should be included in an agreement and what steps you will need to take. If the agreement is to be upheld by the court in the future it is vital that both you and your partner have agreed to the terms and had independent legal advice.
When should a Prenuptial Agreement be prepared?
When should a Prenuptial Agreement be prepared?
The law stipulates that a Prenuptial Agreement must be entered into at least 21 days prior to the ceremony. To ensure there is time to properly consider the terms of the agreement, and for both parties to obtain independent legal advice, we recommend that the process is started at least 3 months before the date of the ceremony.
How long does a Prenuptial or Postnuptial Agreement last?
How long does a Prenuptial or Postnuptial Agreement last?
There are no time limits for Prenuptial Agreements or Postnuptial Agreements, so they will last for as long as a couple are married. That said, it is possible to add a ‘sunset clause’ into an agreement which would put an expiry date on the agreement.
Can you change a Prenuptial or Postnuptial Agreement?
Can you change a Prenuptial or Postnuptial Agreement?
You can change or modify the terms of a Prenuptial or Postnuptial Agreement after your marriage if you both agree to the changes. In fact, it is important to keep the agreement under review to ensure it remains appropriate for your circumstances.
Are there any differences between Prenuptial and Postnuptial Agreements?
Are there any differences between Prenuptial and Postnuptial Agreements?
There is only one major difference between Prenuptial and Postnuptial Agreements, that being the point at which they are signed. A Prenuptial Agreement is signed before marriage and a Postnuptial Agreement is signed after marriage.
The content and legal standing of Prenuptial Agreements and Postnuptial Agreements will be broadly the same, save for any differences to the individual terms that are included by you and your partner.
