Prenuptial Agreement Solicitors
Contrary to popular belief, prenuptial agreements are not just for the extremely wealthy – many couples can benefit from legally protecting their financial interests. If you are getting married or entering into a civil partnership, consult our family law solicitors to find out whether getting one is right for you.
As people get married later in life or remarried after a previous union did not work out, we are increasingly encountering individuals who already own high value assets or have children from a previous relationship when they come to tie the knot.
In such cases, couples may benefit from entering into a prenuptial agreement (also referred to as a premarital agreement) to protect their financial interests in the unfortunate event they divorce or dissolve the partnership in the future. Our highly skilled family law solicitors can negotiate, draft and advise you on suitable terms for a prenuptial agreement consistent with all your needs post separation and divorce or civil partnership dissolution.
Why choose our prenuptial agreement solicitors in Sidcup, Kent?
When it comes to your family, we understand that resolving issues privately is preferable to involving lawyers, especially when you and your fiancé are about to take the next big step in your relationship. However, obtaining legal advice about how best to protect yourself going into marriage or civil partnership is essential to prevent potential disputes arising over who owns what later down the line.
Our prenuptial agreement solicitors will approach your matter sensitively, diffusing any potential for disagreement with your future spouse and keeping your individual needs in mind at all times to ensure the resulting agreement is beneficial to you.
We have served clients from across Kent and London from our offices in Sidcup for over 60 years. Our legal specialists have considerable experience helping clients come to fair, functional agreements which fully reflect their personal circumstances and allow them to embrace married life with confidence.
What is a prenup?
Marriage is a partnership and upon signing the register, all money and property owned by each party becomes part of the matrimonial “pot”. Upon divorce or dissolution, this pot must be split fairly between the parties, regardless of ownership.
A prenuptial agreement, commonly referred to as a prenup, is a legal document signed by a couple before they get married or enter into a civil partnership. It sets out how a couple’s money and property is owned and how it will be divided in the event they get a divorce or dissolution in the future. Prenups can help couples avoid lengthy disputes as well as generally giving their parties peace of mind that their financial interests are protected.
You can also enter into an agreement after you get married or enter into a civil partnership. This legal document is called a postnuptial agreement or a postnup.
Do you need a prenup?
In modern times, marriage is rarely a case of building a life from scratch. People are getting married later in life bringing with them their own money, property, and previous arrangements (such as arrangements for children from previous relationships). Divorce rates are also on the rise. It is therefore unsurprising that more and more people are choosing to protect their financial interests with a prenup.
There are many reasons why getting a prenup might be right for you, including:
- You acquired significant money and/or property before getting married which you want to preserve
- You want to maintain separate finances after you get married (such as separate bank accounts and savings)
- You want to maintain financial arrangements for children from a previous relationship and/or preserve wealth on their behalf
- You are considerably wealthier than your future spouse and want to set apart some of your assets
- You want to protect property such as an inherited home or family heirlooms
- You own a business which should be left out of any future divorce or dissolution proceedings
- You are remarrying and want to protect settlements made during your previous divorce or dissolution
- You have overseas property you want to leave out of any divorce proceedings
Are prenups legally binding?
Historically, judges in England and Wales have not given much weight to prenuptial agreements. However, more recently judges have been put under pressure to give proper consideration to the document where the married couple have both entered into it freely.
This means that although prenups are not technically legally binding, so long as you have consulted a skilled solicitor, it is highly likely to be upheld in court. The hallmarks of an acceptable prenup include:
- Both parties received independent legal advice before they signed the agreement
- Each party made “full and frank disclosure” about their finances, hiding nothing from the other party
- Neither party was under duress when the document was signed
- The agreement is not unfair or unrealistic, for example, it does not leave either party financially destitute
- The agreement is reviewed regularly and kept up to date (for example, to account for the birth of any children)
Things to consider when entering into a prenuptial agreement
Before entering into a prenup, it is important to discuss carefully with your partner your future plans and expectations for the marriage or civil partnership which could affect whether the agreement is appropriate or fair. For example:
- Whether you want to have children
- Whether one party will give up their career to be primary caregiver to the children
- Whether you intend to enter into any business ventures together (or involve one party in the other’s existing business)
We can help you explore these issues when drafting the agreement to ensure the final document properly reflects your individual situation and is appropriate in the circumstances. For this, we will work closely with your partner’s solicitor and provide clear advice on how best to protect your own financial interests.
We can also help you review and update a prenuptial agreement to reflect any changes in your circumstances. A prenup which is fair at the beginning of your marriage may not be fair later on so it is important to keep it up to date.
Speak to our Prenuptial Agreement solicitors in Sidcup
If you want more advice about prenuptial agreements, please feel free to speak in confidence to one of our team now by calling 020 8300 9321 or emailing firstname.lastname@example.org.
Our service includes:
- a free initial 30 minute interview
- Drafting the agreement in line with your instructions
- Dealing with advice to the other party to seek independent legal advice, where there could be a conflict
- Ensuring you have the best agreement possible