Prenuptial Agreements

Prenuptial Agreement 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 agreement into consideration.

Protecting your financial interests

Making a prenuptial agreement with your partner about how your assets should be divided in a theoretical future separation might not seem the most romantic gesture, but it can prevent a lot of unnecessary conflict in future. Having everything clearly set out can also help to defuse the potential for tension over your finances and give you both peace of mind.

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).

With many years of experience to call upon, our prenuptial agreement solicitors can help you put a fair agreement in place that protects your future financial security while avoiding any unnecessary conflict with your partner.

Contact our prenuptial agreement solicitors in Gloucestershire for help

For expert help in making a prenuptial agreement, please contact your local WSP branch in GloucesterStroud or Dursley today.

If you have a quick question or would like to request a callback, you can also use our quick online enquiry form.

We can also provide advice about postnuptial agreements.

How our prenup solicitors can help you

Preliminary advice before making a prenuptial agreement

Our prenup solicitors can provide as much advice as you need to help you reach an agreement, ranging from giving background information so you can talk to your partner yourself to assisting with negotiations.

Knowing where you stand can be really helpful in negotiations, making it easier to ensure your future needs will be met while avoiding confusion and minimising the potential for misunderstandings that could lead to conflict.

Negotiating an agreement 

Our prenuptial agreement lawyers can be by your side during negotiations, giving you confidence that your best interests are being protected and taking the pressure off you to reach an agreement by yourself.

Advice on a prenuptial agreement your partner has asked you to sign 

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.

Advice on the application of prenup during divorce or separation 

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.

However, it is always worth discussing this with a lawyer, especially if you have concerns about how the prenuptial agreement was made or if your circumstances have changed significantly, e.g. if you have had children or have received a substantial inheritance.

Prenuptial agreement FAQs

What is a prenuptial agreement?

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. 

Why make a prenuptial agreement?

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.

Are prenuptial agreements legally binding?

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.

Can a prenup cover assets acquired after you get married?

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.

Do you need a solicitor to make a prenup?

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.

Can we advise both you and your fiancé?

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.

Can you make a prenup after you get married?

Yes, agreements made after marriage are called postnuptial agreements. We can also provide advice about making a postnuptial agreement.

Can you make a prenup for a civil partnership? 

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.

Speak to our prenuptial agreement solicitors in Gloucestershire

For expert help in making a prenuptial agreement, please contact your local WSP branch in GloucesterStroud or Dursley today.

If you have a quick question or would like to request a callback, you can also use our quick online enquiry form.


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