Putting in place a pre-nuptial agreement and ensuring you both have properly drafted wills can help protect any assets or property you may have built up before meeting your partner.

To discuss a pre-nuptial agreement in confidence with one of our expert family lawyers, call 0345 507 5151, e-mail familyteam@gorvins.com or fill in our online form and a member of the team will call you back at a time to suit you.

What is a pre-nuptial agreement?

A pre-nuptial agreement is a document where couples can outline their ownership of and responsibility for any property, assets, income and debts. It also outlines who these assets and debts will belong to following a divorce. Additionally, it can also set out intentions with regard to any children.

Do I need a pre-nuptial agreement?

While they have no binding force under the law in England, courts are increasingly changing their attitudes towards pre-nuptial and separation agreements. More and more, the courts are taking them into account when they’re asked to determine issues between separating couples.

Do any of the following apply to you?

  • I’m getting married and have property and assets that I own. I wish to protect these assets in the event of a split or relationship breakdown
  • I’m about to marry for a second time and have assets from my previous marriage that I want to protect
  • If we do split, I don’t want to enter into a protracted legal battle. I want what happens with our property and assets to be made clear at the outset.

If you have answered YES to any of the above statements, a pre-nuptial agreement should be made.

The mere fact that such agreements will be assumed to have been entered into with the full knowledge and acceptance of both parties means that they can carry some influence should you and your spouse later decide to part.

An agreement has a better chance of being upheld if it is drawn up after both parties have taken separate legal advice, and it contains full disclosure of all financial affairs.

Can I get a post-nuptial agreement?

If you’re already married it’s not too late as you can make a post-nuptial agreement which should adhere to the same guidelines.

With both pre-nuptial and post-nuptial agreements it’s vitally important that you both take independent legal advice to ensure that you fully understand the implications of what you’re signing.

Do you need a solicitor for a pre-nuptial agreement?

It’s possible to prepare a pre-nuptial agreement without a solicitor, but there is a high degree of risk involved when you do it yourself. For one, it’s highly advisable for both parties to receive independent legal advice before entering into an agreement. This improves the chance the court will take the document into account should separation occur.

Secondly, only by using a solicitor can you be sure that you’re treated fairly in any final agreement.

How can Gorvins help?

Our Family Law team at Gorvins can advise you on all aspects of pre-nuptial and post-nuptial agreements and can also advise on issues relating to any children you may have from a previous relationship. Call 0345 507 5151, e-mail familyteam@gorvins.com or fill in our online form at the top of this page.

Our Wills, Trusts & Probate team can help you prepare your wills and discuss your personal situation to ensure your happy life together. Contact the team on 0345 507 5151 or e-mail willsteam@gorvins.com.

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