Prenuptial agreement
A family law solicitor can set up a prenuptial agreement before you get married or enter a civil partnership, to protect your family and finances if you separate.
Prenuptial agreement solicitors: Expert legal advice
Prenuptial 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 prenuptial agreement solicitors
Prenuptial 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 prenuptial agreement that will stand up in court.
To give a prenuptial 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
If you want a lawyer 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 and set out some options.
Our family and divorce lawyers are based in:
- Cambridgeshire: Cambridge
- Essex: Brentwood, Chelmsford and Saffron Walden
- Hertfordshire: Bishop's Stortford and Royston
But we can help you wherever you are in England and Wales.
Call our Family and Divorce law solicitors on 0808 231 1320
Prenuptial agreements FAQs
A prenuptial agreement is a legal document that sets out who gets what if you get divorced or dissolve your civil partnership. Your prenuptial agreement should be signed at least 28 days before the date of your marriage/civil partnership.
Examples of assets a prenuptial agreement covers 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.
A prenuptial agreement is not strictly binding in the same way as a commercial contract. However a prenuptial agreement is likely to be upheld if it is entered into freely by both parties and both parties understand what they signing up to, unless the court thinks it would be unfair to hold the parties to the agreement. A prenuptial agreement which has been prepared in the right way is increasingly likely to be enforced by the family courts.
Talk to an expert
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Helen Midgley
Senior Associate - Families and Divorce
Bishop's Stortford office
Meet Helen -
Rebecca Bates
Paralegal - Residential property
Royston office
Meet Rebecca -
Sally Powell
Executive Partner - Families and Divorce
Bishop's Stortford office
Meet Sally -
Joshua Coombe
Partner - Families and Divorce
Chelmsford office
Meet Joshua
