Family Law Solicitors
When married couples and civil partners separate, they are able to make claims against each other’s income, property, assets and pension provision. The court has a wide discretion to redistribute assets to achieve a fair financial settlement and will often take any prenuptial or postnuptial agreement into consideration.
A prenuptial agreement (sometimes known as an antenuptial agreement or premarital agreement) is a contract entered into by people planning to marry, which sets out what they intend to happen to their money and property if the marriage were to end, including property that either of you brought into the marriage or partnership or receive during it, the family home, pensions, debts and income claims (maintenance) and also what kind of events might require the agreement to be reviewed.
Making a prenuptial agreement with your partner about how your assets should be divided in the event of a future separation might not seem like the most romantic gesture, but it can prevent unnecessary conflict and provide peace of mind. Having everything clearly set out helps to defuse potential tension over finances and ensures both parties are on the same page. Marriage or civil partnership is a big commitment, but it’s wise to acknowledge that relationships may not always last forever. A prenuptial agreement is a sensible way to plan for this possibility, setting out how you want to arrange your finances and providing for co-parenting arrangements for your children.
At WSP Solicitors, we know that thinking about divorce or dissolution when you have just tied the knot isn’t fun. But just think of it as good communication between you and your partner. A prenuptial agreement doesn’t guarantee the end of your relationship, but it does guarantee that you will both be on the same page about your finances. For example, in the process of making your prenuptial agreement, you will need to agree:
If all goes well, you’ll never need the agreement, but you can refer to it during your relationship to resolve disagreements about money.
It can also form the basis of your financial settlement if you get a divorce or civil partnership dissolution in the future. This could save you loads of time and stress during a challenging time.
Our solicitors can provide advice about what it means to enter into an agreement and how it could help you.
Getting advice before entering into negotiations can be helpful, so you know where you stand going into the discussions. It removes the potential for confusion about what you are trying to achieve and minimises the risk of conflict.
Our solicitors can help you negotiate the perfect agreement, making sure that your best interests are protected and taking the pressure off you.
Having the advice of a lawyer during prenuptial agreement negotiations is essential because whether you have independent legal advice is taken into account if the agreement ever comes before a court.
At WSP Solicitors, we can guide and advise you through the process of reaching a prenuptial agreement, including exchanging financial information and negotiating the terms of the agreement with your partner (who should receive their own legal advice).
It is important that pre-nuptial agreements are finalised a month or more before the wedding.
If your partner has presented you with a prenuptial agreement and asked you to sign, we can provide advice about its terms, your rights under it and whether it is fair to you.
Getting independent legal advice on any agreement you have been asked to sign is a legal requirement for the agreement to be considered by a court. It can also give you a sense of security and peace with the decision.
We can swiftly review an agreement your partner has asked you to sign and tell you whether we believe it is fair. We can also help you renegotiate any terms that you are not happy with to protect your interests and advise you if you feel your partner is placing pressure on you to sign.
Remember, a prenuptial agreement is only valid if entered into willingly and with legal advice, so telling your partner that you are speaking to a lawyer benefits you both.
Many people think that prenups are just for wealthy people, but actually, most people could benefit from making one. For starters, making sure you and your partner have both agreed about how finances will work before you get married can prevent disputes arising during your relationship. Here are some more reasons why making a prenuptial may be right for you:
A prenuptial agreement can reflect the true financial reality of your relationship with your partner and make sure that assets you have worked for are protected from being automatically taken into account during divorce or dissolution financial arrangements.
Yes, a prenuptial agreement won’t be recognised during divorce or dissolution proceedings if you haven’t had independent legal advice. This is to prevent people from being coerced into signing an agreement or convinced to sign an agreement that isn’t fair to them.
In general, solicitors are specially trained to help clients in negotiations and can make sure that the final agreement covers everything you need it to and has your best interests at heart.
Instructing a solicitor also means that you can trust that no stone will be left unturned. WSP Solicitors will ensure that you consider every financial aspect, and we often uncover issues that our clients may not have thought about otherwise. WSP Solicitors will always make sure the final agreement is as fair as it can be, so you can trust that your financial interests are protected and that the agreement is likely to be upheld in court.
Our Family Law team are also divorce and dissolution experts. We help couples end their relationships and have substantial advice advising in cases where there is a prenuptial agreement in place.
In the event your relationship does end and you have a prenuptial agreement in place, we can advise you on how it applies. If the agreement was prepared correctly and your circumstances have not changed significantly since the agreement was made, it will likely still be applicable.
Visit our Divorce & Civil Partnership Dissolution page for more information.
With many years of experience behind us, we are skilled at creating a warm, open and comfortable atmosphere, reflecting the positive relationship between you and your partner and minimising the risk of disagreements arising.
For expert help in making a prenuptial agreement, please contact your local WSP branch in Gloucester or Stroud today. Consider reading our blog post on the Golden Rules for getting prenuptial agreements
If you have a quick question or would like to request a callback, you can also use our quick online enquiry form.
A prenuptial agreement (sometimes known as an antenuptial agreement or premarital agreement) is a contract entered into by people planning to marry, which sets out what they intend to happen to their money and property if the marriage were to end.
It is important that pre-nuptial agreements are finalised a month or more before the wedding.
Many people think that prenups are just for wealthy people, but actually, most people could benefit from making one. For starters, making sure you and your partner have both agreed about how finances will work before you get married can prevent disputes arising during your relationship. Here are some more reasons why making a prenup may be right for you:
• To clarify who owns which assets and how your money and property will be split in the event of divorce.
• To exclude certain assets from any financial proceedings upon divorce, such as inheritance windfalls and business interests.
• To preserve arrangements from previous relationships, such as financial arrangements for your children with your ex-partner.
• To protect yourself from your partner’s debts.
These agreements are not strictly binding on the court as the law stands. However, such agreements have been regarded as persuasive and even “decisive” on the outcome of financial proceedings unless the effect of the agreement would be unfair in the circumstances.
Yes, assets you acquire after you get married can be covered by a prenuptial agreement. When drafting the prenup, you can include clauses that state how your assets should roughly be divided if you get a divorce. You can add details of specific assets later on, and we can help you amend your prenuptial agreement.
Yes, if your prenup is ever considered in court, one of the factors the judge will look at is whether you had independent legal advice prior to signing to document. So, it is very important to speak to a solicitor about your prenup.
Instructing a solicitor also means that you can trust that no stone will be left unturned. We will ensure that you consider every financial aspect, and we often uncover issues that our clients may not have thought about otherwise. We will always make sure the final agreement is as fair as it can be, so you can trust that your financial interests are protected and that the agreement is likely to be upheld in court.
No, you and your partner need to seek your own independent legal advice. This means your partner will need to find their own lawyer at a different firm.
We’re very used to working closely with other lawyers to negotiate the terms of a prenuptial agreement with the goal of finding a solution that is fair to both you and your partner.
Yes, agreements made after marriage are called postnuptial agreements. We can also provide advice about making a postnuptial agreement.
Yes, there is an equivalent type of agreement known as a pre-registration agreement or pre-civil partnership agreement. This gives you the same protection as a prenup in the event of a civil partnership dissolution.
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