Pre-nuptial agreements

A family law solicitor can set up a pre-nuptial agreement before you get married or enter a civil partnership, to protect your family and finances if you separate.

Lorna Chapman, Cambridge

Pre-nuptial agreements are particularly useful if you need to protect assets acquired before your relationship started. They can cover the full range of assets, such as finances, property etc and also issues relating to children, should you have any. 

Consult pre-nuptial agreement solicitors

Pre-nuptial agreements are complex legal documents and should be prepared by specialist family law solicitor. At Tees our experts will: 

  • identify your key assets
  • advise on your legal responsibilities
  • draft a pre-nuptial agreement that will stand up in court.

To give a pre-nuptial agreement the best chance of being followed by a court, those entering into the agreement should following the following principles:

  • Both parties should receive independent legal advice
  • There should be full and frank disclosure in relation to all circumstances but particularly finances
  • There should be no undue influence to enter into the agreement – often this is considered to be time pressure and therefore completing the agreement at least a month before the wedding is considered good practice
  • The agreement should be fair in the circumstances.

If both partners enter into the agreement with a full appreciation of the implications, the Court should uphold it (unless it would be unfair to do so). Fairness is key if the agreement is to hold up in court. 

We’re here to help

Come in and see a family law solicitor for a FREE 30 minute face-to-face consultation about your options. Alternatively, if you want us to take a closer look at your situation, for a fixed fee of £150 + VAT, we can talk with you for up to 90 minutes.

Call our Family and Divorce law solicitors on 0808 231 1320

Pre-nuptial agreements FAQs

What is a pre-nuptial agreement?

A pre-nuptial agreement is a legal document that sets out who gets what if you get divorced or dissolve your civil partnership. Your pre-nuptial agreement should be signed at least 28 days before the date of your marriage/civil partnership.

What can be included in a pre-nuptial agreement?

Examples of assets a pre-nuptial agreements cover are:

  • Your finances – including pensions, investments and financial support
  • Houses and property – such as your family home, or buy to let investments
  • Your business interests – if you own your own business or shares
  • Valuable possessions – such as cars, antiques and family heirlooms.
  • If you have children, a pre-nuptial agreement sets out how you agree child custody and arrangements should be handled if your relationship later breaks down.

Are pre-nuptial agreements legally enforceable?

A prenuptial agreement which has been prepared in the right way is increasingly likely to be enforced by the family courts. That is not to say they are 100%, but they are often given substantial weight if the correct formalities are used when the pre-nuptial agreement is prepared.

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