Pre & Post Nuptial Agreements

More and more couples are entering into pre-nuptial agreements (prior to marriage) and postnuptial agreements (during marriage) to protect their assets in the event of the relationship breaking down. This increase has largely been driven by the increase in the level of financial settlements on divorce and although neither pre-nuptial nor post-nuptial agreements are strictly legally binding at present, UK courts are starting to give greater recognition to the agreements.

What is a prenuptial agreement?

A prenuptial agreement (or ‘prenup’) in the UK is a legal document drawn up between a couple before they become man and wife to outline how each of their individual assets will be divided in the event of a divorce. A prenuptial agreement will last for the full duration of your marriage.

Assets usually covered in a typical prenuptial agreement include:

• Property
• Debts
• Income
• Pensions

There are issues that cannot be included in a prenup, including:

• Child custody including visitation, religious upbringing and schooling
• Child support
• Personal matters
• Illegal or unfair matters
• Lifestyle matters

Prenuptial agreements are most likely to be agreed upon and put in place when one-half of the couple already has or is anticipating to receive, more assets than the other. For example:

• Those with a large inheritance
• Landowners
• Business owners
• Couples who are marrying in later life
• Individuals who may be entering into a second marriage

What is a prenuptial agreement?

As previously mentioned, a prenuptial agreement is not a legally binding agreement and to give your prenuptial agreement the best chance of being considered by the court you must:

• have the agreement drawn up by a qualified prenuptial agreement lawyer
• seek independent legal advice
• fully understand the agreement and agree to it willingly
• disclose all assets and property fully

Our highly experienced family lawyers have a wealth of experience in drafting prenuptial agreements, tailoring them to meet your individual requirements.

How much does a prenup cost?

Prenuptial agreement costs vary and will depend on your situation’s requirements. The details you wish to include in your agreement, whether there is to be a full exchange of financial information or whether this is set out simply in appendix format will all be taken into consideration when offering your quote. 

Our prenuptial agreement solicitors will discuss your situation and the fees involved with you prior to creating the agreement for you.

What is a post-nuptial agreement?

A postnuptial agreement is a contract created by spouses after entering into a marriage that outlines the ownership of financial assets in the event of a divorce. A postnuptial agreement is also known as a “post-marital agreement” or “postnup.”

Much like a prenup agreement, a post-nuptial contract can also set out the responsibilities surrounding any children or other obligations for the duration of the marriage. Other things that can be included within a post-nuptial agreement include what would happen to:

• The family home
• Any property either of you brought into the marriage
• Any property given to you or inherited during the marriage
• Joint assets
• Pensions
• Any debts

How to get a post-nuptial agreement

Similar to a prenuptial agreement, a postnuptial agreement is not a legally binding agreement and to give your postnup the best chance of being considered by the court you must:

• have the agreement drawn up by a qualified prenuptial agreement lawyer
• seek independent legal advice
• fully understand the agreement and agree to it willingly
• disclose all assets and property fully

Post-nuptial agreements are more likely to be accepted by courts as there are fewer time constraints to set an agreement out ahead of a deadline (ie a wedding date). Our highly experienced family lawyers have a wealth of experience in drafting post-nuptial agreements and tailoring them to meet your individual requirements.

How much does a post-nup cost?

As per a prenuptial agreement, the cost to create a postnup in the UK can vary depending on what is required to be included in the agreement. Costs can vary between £1,000 and £10,000 depending on the complexity of your case. Our postnuptial agreement lawyers will discuss your situation and provide you with a quote before starting to draft your agreement.

How Henry Hyams family law solicitors can help with our divorce services

Our team of pre and post-nuptial agreement lawyers is one of the top family law firms in Leeds and have the experience and expertise to guide you through protecting your assets through marriage and divorce.

One of our prenuptial agreement solicitors Leeds lawyers can talk you through the legal process and costs and answer any questions about pre and post-nuptial agreements. Please contact our Leeds family law solicitors on the email below or contact us on 0113 2432288.

Contact our Leeds divorce solicitors:
family@henryhyams.com