Walker Family Law are specialist postnuptial and prenuptial agreement solicitors. We are qualified to provide you with practical legal advice and help you to obtain an agreement that is both fair and legally binding.
A prenuptial agreement is a legal agreement made by a couple before they get married or enter into a civil partnership. It is primarily used to set out how their assets and property will be divided in the event of a divorce or separation.
A postnuptial agreement is similar to a prenuptial agreement, the only difference being that it is made by a couple after they are married or have entered into a civil partnership.
The two types of agreement are treated similarly by the law. However, in the case of prenuptial agreements, there should typically be a period of time between the signing of the agreement and the marriage, typically 28 days, to ensure that neither party was under any compulsion to sign the agreement.
Understanding the specifics of these agreements is essential as they protect the rights of individuals in a marriage or a civil partnership by specifying the division of assets, financial responsibilities, and other important matters in the event of a separation, divorce or civil partnership dissolution. It provides a legally binding framework that outlines how property, debts, and other assets will be divided, and can help prevent lengthy and contentious court battles.
At Walker Family Law, we understand that these matters can be challenging. It is essential that the couple obtain expert legal advice before entering into a prenuptial or postnuptial agreement, to ensure that the terms of the agreement are fair and that the couple fully understand the implications of entering into the agreement.
Our prenuptial agreement solicitors can provide advice on the proposed agreement only when they have comprehensive information about the circumstances, including the financial resources of both parties. Therefore, it’s essential for both parties to disclose their financial details fully before proceeding.
After receiving legal advice and agreeing to proceed, a written agreement will be drafted. This agreement, a complex legal document, must be meticulously prepared by expert lawyers to accurately outline the agreed terms and ensure its enforceability in potential future divorce or civil partnership dissolution proceedings.
The crucial point to understand about prenuptial and postnuptial agreements is that, unlike in many other countries, these agreements are not legally binding upon the courts of England and Wales. Prior to a landmark Supreme Court decision in 2010, such agreements were not recognised by the courts because they were deemed contrary to public policy, as they were perceived to encourage separation and divorce.
However, the Supreme Court ruled that a prenuptial or postnuptial agreement should be upheld by the court if each party entered into it freely and fully understood its implications, unless it would be unfair to enforce the agreement given the circumstances.
If the court determines that it would be unfair to enforce the agreement, it will proceed to determine a fair settlement and issue an order accordingly.
The ruling has resulted in the majority of prenuptial and postnuptial agreements being upheld by the courts. Consequently, these agreements have become significantly more appealing to couples, leading to a surge in their popularity.
It is important to understand that for the court to give effect to the agreement, you must fully appreciate its implications, and the terms of the agreement must be fair.
Therefore, seeking expert legal advice from prenuptial agreement solicitors before entering into an agreement is crucial.
Our team of postnuptial and prenuptial agreement solicitors are experts in the preparation of prenuptial and postnuptial agreements and can guide you through the process.
By working with us, you can have full confidence that you will receive expert, compassionate legal support every step of the way. We prioritise listening to your needs and concerns, and we will guide you through how a prenuptial or postnuptial agreement can effectively safeguard your assets and plan for the future.
Once you have decided to proceed with a prenuptial or postnuptial agreement, we will work with you to draft a document that meets your needs and concerns. This may involve negotiating with your partner and their legal representative to ensure that the agreement is fair and legally binding.
Contact our team today to schedule a consultation with one of our postnuptial and prenuptial agreement solicitors.
Whether you are divorcing, separating, or ending a civil partnership, our expert team of family lawyers will help you move forward with confidence.
