Prenuptial And Post-Nuptial Agreements

Prenuptial Agreement

A prenuptial agreement or ‘pre-nup’ is an agreement entered into by a couple who are planning to marry. It sets out an agreement between the parties as to how their finances will be dealt with in the event of a breakdown of the marriage in the future.

Any couple who are planning to marry can enter into a prenuptial agreement. A common situation in which such an agreement might be desirable is where one party is bringing significantly greater financial assets into the marriage than the other. Pre-nups are also particularly worthy of consideration for couples who are perhaps entering a second marriage, but have children from a first marriage or previous relationship and would therefore wish to protect some assets for the benefit of those children.

Post-Nuptial Agreement

A post-nuptial agreement is similar to a pre-nuptial agreement but it is entered into after the marriage has taken place. Sometimes this will be a first agreement or sometimes there will be a post-nuptial agreement to vary the terms of a pre-nuptial agreement, because there has been a change of circumstances for the parties since the pre-nup was entered into, such as the birth of a child.

At the current time, the position is that pre-nuptial agreements are not automatically legally binding upon a divorce. However, the family court has given guidance as to the steps that can be taken, when a pre-nup is entered into, to ensure that there is the best possible chance of this being adhered to should the marriage come to an end. We can advise you as to the relevance of a pre-nuptial or post-nuptial agreement in your particular circumstances and if you should decide that this is right for you, we can guide you through all of the relevant requirements, taking all necessary steps to ensure that there is the best possible chance of your agreement being adhered to in the event of a future divorce.

Talk to Tollers

We cannot act for both people when dealing with a prenuptial agreement or post-nuptial agreement since that would create a conflict of interest. We, therefore, have to act for one of the people entering into the agreement and the other person must get their own independent legal advice or have the opportunity of getting such independent legal advice. We will, of course, liaise with the other party or their solicitor on your behalf to ensure that the matter is dealt with efficiently. In respect of pre-nuptial agreements, it is important that the agreement is prepared and signed by both parties well in advance of any marriage ceremony. This avoids a situation where either party might later try to renege from the agreement on the basis that they were under pressure to sign it due to time constraints. If you are considering a pre-nuptial agreement you should therefore contact us well in advance of your wedding so that we can assist you to get the agreement in place in plenty of time, leaving you to focus on the big day.

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Our Prenuptial And Post-Nuptial Agreements Experts

Sarah-Jane Webbe
Solicitor
Family Law Solicitor Stevenage - Sarah-Jane qualified as a solicitor in 1999 at a high street practice in London. She specialised in family law from the outset...
Sheena Patel
Solicitor
Sheena joined the Family Department of Tollers as a solicitor in December 2019. Prior to joining the firm, she worked at a local family law firm...
Deborah Atkins
Director
Deborah joined Tollers as a Director in August 2019. She qualified as a Solicitor in 1995 and has specialised in Family matters ever since...
Sally Smith
Equity Partner/Family Mediator
Since qualifying Sally has specialised exclusively in the field of family law...
Natalie La Forte-Brown
Solicitor
Natalie qualified in to the Family Department in 2018 having commenced her Training Contract at the firm in 2016...
Minara Hannan
Senior Solicitor
has extensive experience of dealing with family cases that relate to immigration and international assets...
Melanie Grant
Senior Associate
Melanie has trained both as a mediator and as a collaborative lawyer, acquiring useful skills which can validly be applied when dealing with relationship breakdown...
Leonie Press
Associate Solicitor
Leonie undertook a training contract with the firm and qualified into the family department in 2013. She has specialised in family law ever since...
Katie Herrod
Partner
Katie qualified as a solicitor in 1997 and has been a part of Tollers family department for over 20 years. Katie is a specialist family lawyer with extensive knowledge...
Alan Peck
Head of Family Law team
Alan is a Partner at Tollers with over 30 years of experience specialising in family law matters. Alan acts mainly for breadwinners and home makers...
Sarah-Jane Webbe
Solicitor
Sheena Patel
Solicitor
Deborah Atkins
Director
Sally Smith
Equity Partner/Family Mediator
Natalie La Forte-Brown
Solicitor
Minara Hannan
Senior Solicitor
Melanie Grant
Senior Associate
Leonie Press
Associate Solicitor
Katie Herrod
Partner
Alan Peck
Head of Family Law team
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