Prenuptial Agreement Solicitors

A prenuptial agreement or prenup is a contract made by a couple before marriage that sets out how assets and finances will be divided if the relationship ends.

A prenuptial agreement is a legal tool that offers financial protection in marriage or civil partnership. With the assistance of expert solicitors, your agreement will be equitable, lawful, and tailored to meet your needs.

Our prenuptial agreement solicitors can assist in drafting, reviewing, and negotiating the terms of a prenuptial agreement, ensuring it is suited to your needs.

For assistance with a prenuptial agreement, call our experienced family law solicitors in London at 0203 417 3700 or email info@wembleysolicitors.com.

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What is a prenup or prenuptial agreement?

In England and Wales, a prenuptial agreement (commonly referred to as a "prenup") is a written contract entered into by a couple before marriage.

It typically outlines how financial matters, such as assets, income, debts, and other resources, will be divided if the relationship ends in divorce or dissolution.

A prenup can provide peace of mind, reduce potential conflict, and help both parties avoid lengthy, costly legal battles down the line.

Why should you consider a prenuptial agreement?

A prenuptial agreement can provide financial clarity and protect your assets in the event of a divorce or separation, and prevent lengthy & costly legal battles.

It is particularly beneficial for individuals with significant assets, those entering a second marriage, or anyone who wants to protect inheritance or business interests.

• Protect pre-marital assets such as property, savings, or investments
• Clarify financial responsibilities during and after the marriage
• Safeguard inheritance or family wealth
• Protect business interests from division in the event of separation
• Reduce conflict and legal costs in case of divorce
• Provide for children from previous relationships
• Address potential debt issues by defining liability
• Ensure fair spousal support arrangements
• Establish financial transparency between partners
• Increase the chances of a smoother, more amicable separation if needed

Are prenuptial agreements legally enforceable in the UK?

A prenuptial agreement is not automatically legally binding in England and Wales, but a court can uphold it. To make it enforceable, both parties should get independent legal advice and disclose their financial details.

Prenuptial agreements carry significant weight with the court if:

• Both parties received independent legal advice during the creation of the document
• Both parties disclosed their full financial information
• Both parties freely entered into the agreement
• The agreement is deemed fair to both parties

Solicitor for drafting a prenuptial agreement

When instructed, our experienced prenuptial agreement solicitors will assess your situation and the assets you wish to protect, creating a document that can be negotiated with your partner and their legal team.

Our prenuptial agreement solicitors in London can help you draft a legally sound prenuptial agreement that aligns with your needs and protects your assets.

We'll guide you through the process, ensure full financial disclosure, and provide tailored advice based on your circumstances.

Responding to a prenuptial agreement

If your partner has presented you with a prenuptial agreement, it's essential to seek independent legal advice before signing.

Our prenuptial agreement solicitors can review the terms, explain the pros and cons, and help negotiate changes to ensure the agreement protects your interests.

How do prenuptial agreements work?

Prenuptial agreements are relatively straightforward. The document outlines how specific assets will be managed in the future, particularly assets that form part of the “matrimonial pot.”

Before making a prenup, list your assets and agree on division if you separate. A family law solicitor will formalise these terms.

Both partners must get independent legal advice. This ensures they understand the agreement's implications. Once signed, the prenup is in effect. While not legally binding, courts consider them in divorce cases.

5 Key things to know about prenuptial agreements

1. A prenup allows you to decide how assets will be divided if you separate.
2. Each prenup is unique, covering assets like property, businesses, and even pets.
3. While not legally binding, courts in England and Wales will consider prenups.
4. A judge would enforce a prenup if both parties received independent legal advice, and the agreement is fair and reasonable.
5. A prenup can prevent the automatic 50/50 split of assets, including those owned before marriage.

What can be included in a prenuptial agreement?

A prenuptial agreement can cover a wide range of financial matters, including:

• Ownership of property (including pre-marital assets)
• Division of assets upon separation or divorce
• Treatment of savings, investments, and shares
• Responsibility for debts and liabilities
• Protection of inheritance and financial gifts
• Business interests and company shares
• Pensions and retirement savings
• Spousal maintenance arrangements
• Protection of assets for children from previous relationships
• Personal belongings (e.g. vehicles, jewellery, heirlooms)

To ensure your prenuptial agreement is clear, fair, and legally sound, it's important to get professional legal advice.

Speak to one of our expert family law solicitors today at 0203 417 3700 to draft a prenuptial agreement that is tailored to your needs and protects your future.

Steps involved in the prenuptial agreement

Here are the steps involved in creating a prenuptial agreement:

Discuss with Your Partner

Begin by having an open conversation with your partner about the need for a prenuptial agreement. Discuss your assets, debts, and any financial concerns.

Get Independent Legal Advice

Each party should seek independent legal advice from a qualified solicitor. This ensures that both parties fully understand the terms and implications of the agreement.

Disclose Financial Information

Both partners must provide full and transparent disclosure of their financial situation, including assets, debts, income, and liabilities. This is crucial for the agreement's validity.

Negotiate Terms

Work with your solicitor to negotiate the terms of the prenuptial agreement. This could include how assets, debts, and property will be divided in the event of divorce or separation.

Draft the Agreement

A solicitor will draft a fair and legally sound prenuptial agreement based on the agreed terms. Ensure all details are accurately included.

Review the Agreement

Both parties should carefully review the agreement and consult their solicitors again before signing to ensure all terms are fair and clear.

Sign the Agreement

Once both parties are satisfied, sign the prenuptial agreement. It is best to sign the agreement at least 28 days before the wedding to ensure its validity.

Keep copies of the signed prenuptial agreement in a safe place for future reference.

When should a prenuptial agreement be signed?

Sign a prenup at least 28 days before the wedding. Signing too close to the big day might make it hard to enforce in court. Give both sides time to think, get independent legal advice, and make changes if needed.

Does a prenuptial agreement require witnesses?

Yes, two independent witnesses aged 18 or over must be present when signing your prenuptial agreement. They'll need to sign and include their basic details, such as name and address.

Can a prenuptial agreement be changed after it's signed?

Yes, you can change or cancel a prenup if both agree. If big changes happen, like having children or a financial shift, you might want to update it. You can also consider a postnuptial agreement if you're already married.

How long do prenuptial agreements last?

Generally, prenuptial agreements don't have an expiration date. However, they may include clauses that specify a future date after which they are no longer valid. Our solicitors can advise you on including an expiration clause in your agreement if necessary.

At Wembley Solicitors, we recommend reviewing your prenuptial agreement every five years. While this is not a legal requirement, regular reviews ensure that the agreement remains fair to both you and your spouse or civil partner. If circumstances have changed since the agreement was created, you may want to discuss these changes with your solicitor.

Do I need a solicitor to create a prenuptial agreement?

Yes, it is highly advisable to consult with a solicitor when creating a prenuptial agreement. Both parties need to receive independent legal advice to ensure the agreement is fair and legally enforceable.

Our prenuptial agreement solicitors in London can help draft the agreement and negotiate the terms to ensure it is legally sound and tailored to your needs.

Why use our solicitors for a prenuptial agreement?

Legal Expertise

Our prenuptial agreement solicitors have the necessary knowledge to ensure the agreement is legally valid and enforceable, considering all relevant aspects of the law.

Tailored Advice

Our prenuptial agreement solicitors can advise you on what to include in the agreement, considering your specific circumstances and goals.

Negotiation and Review

Our prenuptial agreement solicitors can represent you during negotiations with your partner's solicitor, ensuring the agreement is fair and equitable.

Clarity and Understanding

Our prenuptial agreement solicitors can help you understand the implications of the agreement and the potential consequences of not having one.

Independent Advice

Our prenuptial agreement solicitors offer independent legal advice. It is crucial, especially when there are significant wealth differences or concerns about potential fairness.

How much are prenuptial agreements?

At Wembley Solicitors, we offer affordable legal services regarding prenuptial agreements on a fixed fee basis with no hidden costs. However, legal costs can vary depending on the complexity of the matter.

Our prenuptial agreement solicitors charge an affordable fixed fee of £500 plus VAT for complete legal services regarding drafting a prenuptial agreement.

Contact prenuptial agreement solicitors in London

For expert advice and assistance in drafting your prenuptial agreement, call our prenuptial agreement solicitors in London at 0203 417 3700 today.