Pre-nuptial or pre-marital agreements

A pre-nuptial or pre-marital agreement (also commonly referred to as a ‘pre-nup’) will map out how your finances will be divided in the event of a separation. They can also include practical arrangements, providing financial security at the same time as reducing the stress, uncertainty, and cost of having to unravel your affairs should the worst happen.

Post-nuptial agreements

A post-nuptial agreement (also commonly referred to as a ‘post-nup’) is entered into after marriage.  These can be used if there has been a change of circumstance after marriage, for example receipt of an inheritance or other significant financial change.  They can also be used if there hasn’t been enough time before the marriage to complete a pre-nup.

Our clients are our best advocates on the benefit of having a nuptial agreement

“We always felt that a pre-nuptial agreement was a sensible option, and, while not a very romantic task to complete in the lead up to the wedding, we did feel that going through complete financial disclosure with each other and agreeing on what we did and didn’t want out of the agreement put us in good stead for our marriage moving forward. Should anything go wrong, we also think that having the agreement in place should reduce the stress, uncertainty and legal costs related to any divorce proceedings. And we felt this was important, particularly if children are involved. I would recommend this service”.

Guide to pre and post nuptial agreements

A nuptial agreement cannot stop a financial claim being made to the court on marriage breakdown, however, if a claim is made the nuptial agreement will be a relevant circumstance.  Provided the three-stage test in the case of Radmacher v Granatino has been complied with the agreement will be given decisive weight and parties should expect the court to hold them to the terms of the agreement. In Radmacher v Granatino [2010 UKSC 42] the Supreme Court enforced a pre-nuptial agreement and confirmed that ‘the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’.
If there is no nuptial agreement in place, a principle of equal sharing will apply as the starting point to all assets, regardless of their source. A nuptial agreement can ensure that the interests of the wider family are safeguarded, particularly if family businesses, trusts or inherited assets are involved. As well as protecting assets, these agreements also allow you the freedom to plan what will happen to your finances, rather than leaving it to chance for a court to decide. They also provide a level of clarity and certainty for any children or dependants.
We understand discussing a pre-nuptial agreement can seem rather unromantic at a time when you are in love and planning your wedding. We also understand that there may be pressure on you from wider family members. Having helped hundreds of clients separate we know that the stress, uncertainty, and legal costs for couples without a nuptial agreement are significantly higher than those couples with agreements in place.

Get started today

Call: 0333 188 2963
Email: enquiries@watson-morris.co.uk

Get started by completing our questionnaire

Related Services

We combine legal expertise with practical support that focuses on the wellbeing of your family throughout.

2Unify

Our 2Unify service offers legal expertise alongside relationship coaching. Our qualified coaches will work with you in a safe, non-judgemental way, to explore your wishes and feelings on a range of issues. With the support of a neutral third party, you may find it easier to discuss subjects that could otherwise be uncomfortable, or that you may not have considered.

Mediation and collaborative law

Mediators are trained professionals who can meet with a couple to work through the terms of an agreement. We can support you in the background and once the terms have been agreed help you formalise your agreement. We are also collaboratively trained lawyers and can meet with you and your partner and their registered collaborative lawyer to work through an agreement together.

International

If you or your family have a close connection to more than one country, it is important that you consider which jurisdiction you want to govern your agreement and to ensure that your agreement stands the best chance of being upheld in all jurisdictions you have a connection with. The legal position on nuptial agreements varies from country to country as does the law on divorce and dissolution. We work closely with other lawyers and professionals around the world to ensure you understand the law, your options and have the confidence to take control.

Insights

Read the latest articles and commentary from Watson Morris Family Law or explore our full insights

Technology In Court: Can Court Documents Be Served By Email Insight

September 22, 2023

Technology In Court: Can Court Documents Be Served By Email?
What is a non-molestation order Insight

September 8, 2023

What is a Non-molestation Order?

August 31, 2023

Conduct in divorce proceedings; What is the court procedure if my spouse raises conduct?

Whatever your situation, wherever you are, we’re here for you

We work with clients across the UK and who live and work around the world. Whatever your financial status, or geographical location we provide the support you need.

Please note we do not offer legal aid. For a free no obligation call to discuss how we can help you:

Call: +44 (0) 333 188 2963
Email: enquiries@watson-morris.co.uk
Or submit your details using the form below:




    Type of enquiry
    Please tick all services that you are interested in receiving advice on:

    By submitting your email address and telephone number to us you consent to us contacting you to deal with your enquiry. Calls may be recorded for training and monitoring purposes. For more information on our Privacy Notice, please click here.

    Accreditations