Prenuptial Agreements

Hine Solicitors advises on pre and post nuptial agreements, helping couples set out clear financial arrangements before or after they marry.

A pre-nuptial agreement can give you and your partner clarity on where you stand financially if your marriage were ever to end.

For many couples, having that conversation before the wedding removes uncertainty later, rather than leaving it to be worked out under pressure once things have already gone wrong.

Our pre-nuptial agreement solicitors help couples put agreements in place that are as robust as possible, so that if a marriage does break down, there is less scope for dispute over your finances and more certainty about what happens next. We explain what is realistic, what a court is likely to take into account, and what steps you both need to take for the agreement to carry real weight.

What makes an agreement more likely to be upheld

Under the current law, courts are not required to uphold a pre-nuptial or post-nuptial agreement, but they are increasingly likely to do so where the terms of the agreement are fair, both people have been open about their finances, taken independent legal advice and given information honestly and freely without pressure from the other party, and the financial needs of both partners and any children are met. For a pre-nuptial agreement, it should also be signed at least 28 days before the wedding, giving both of you time to consider it properly rather than rushing it through at the last minute. This area of law could change in the foreseeable future, and we will advise you on the current position when you come to us.

Pre-nuptial agreements

A pre-nuptial agreement is put in place before you marry and sets out what would happen financially if the marriage were to end. It can protect pre-marital assets, preserve generational wealth and safeguard assets for children from a previous relationship. It gives both partners clarity from the outset, rather than leaving financial arrangements to be worked out for the first time during a difficult separation, when positions have often already hardened and trust has already broken down.

Post-nuptial agreements

If you are already married, a post-nuptial agreement works in a similar way, but is put in place after the wedding rather than before it, often when couples bring different assets into a second marriage or a marriage later in life. Some people worry that suggesting one implies a lack of trust, but agreeing clear arrangements can just as easily be a sign of how seriously you take the relationship and each other’s financial security. Our post-nuptial agreement solicitors can help you address what happens on separation, divorce or the death of either partner, giving both of you one less thing to worry about if the unexpected happens.

Discuss a pre-nuptial or post-nuptial agreement

An agreement like this works best when it is discussed in good time, particularly given the 28 day signing requirement for pre-nuptial agreements. Call us on 01494 685588 or use our contact form to arrange a confidential discussion.

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