Brandon
Bury St Edmunds
Norwich
Thetford
Postnuptial and prenuptial agreement solicitors
Protect your assets, build trust in
your relationship
Open and honest communication is the cornerstone of any strong relationship. Prenuptial and postnuptial agreements offer a valuable opportunity for couples to discuss their financial expectations and enter marriage or a civil partnership with full clarity and mutual understanding.
With more people living together before they marry and a rise in blended families, it can be challenging to know how to protect previously obtained assets in the event of a divorce; your hard-earned pension, for instance, or your children’s inheritance.
If a house you purchased alone is now in joint names, but you want this contribution to be fairly recognised if you separate, a prenuptial agreement or postnuptial agreement is a wise investment.
Expert, empathic services from experienced
family lawyers
Because everyone’s personal circumstances are different, no two documents are the same.
What unites clients who draw up a prenuptial agreement or postnuptial agreement is the wish to provide certainty and avoid conflict during potential divorce proceedings.
Our family law team can provide independent legal advice to protect property rights, business assets, or financial assets owned before your relationship, or acquired during your relationship, while also reducing the time, money, and emotional stress divorce can cause.
Key contacts
Steven Mcgrath
Commercial
Kate Ford
Commercial
Jade Westhead
Commercial
What are prenuptial and postnuptial agreements?
Prenuptial agreement (pre-nup)
A prenuptial agreement is signed at least 28 days before you get married and outlines how your assets will be divided if you divorce or separate. It must disclose wealth, assets, and liabilities – and both parties must have independent legal advice.
Prenuptial agreements offer additional peace of mind and legal security if you have assets, business interests, or children from previous relationships, and can set the foundations for truly open communication in your marriage.
If you’re thinking of entering a civil partnership, you could consider a pre-registration agreement, which is similar to a prenuptial agreement and adopts the same principles for formulation.
Postnuptial agreement (post-nup)
A postnuptial agreement is drafted after you marry and can be a useful way to clarify financial arrangements or address changes in circumstances. You may choose to draw up a postnuptial agreement to safeguard a significant inheritance or growing family business, either early in your marriage or in later life.
Usually if you create a prenuptial agreement you will be asked to sign a postnuptial agreement. This is because the court recognises something done in contemplation of marriage is different to an agreement entered after marriage.
Civil partners can also create post-registration agreements to determine how individual assets should be divided in the event of a split.
Is a postnuptial agreement as good as a prenuptial agreement?
When it comes to prenuptial and postnuptial agreements, one isn’t ‘better’ than the other. It comes down to what works for you and your partner. However, wherever possible it’s always best to enter into a prenuptial agreement.
Critically, the two aren’t exclusive: a postnuptial agreement can reinforce or change what you’ve agreed in a prenuptial agreement. Couples often choose to have both.
If you run out of time to get a pre-nuptial agreement but protecting certain assets is important to you, we can support you with a postnuptial agreement that will offer the same peace of mind.
Why consider a prenuptial or postnuptial agreement?
Protect premarital assets
Safeguard assets you’ve gained before your partnership to ensure they remain yours.
Plan how to share marital assets
ntroduce financial planning from the outset of your marriage and define how you’ll share wealth acquired during the marriage.
Safeguard your business
Set out ownership and control of a family company.
Guarantee inheritance
Protect assets such as inheritances for your children from previous relationships.
Discuss financial boundaries
By openly communicating about your financial interests, you can foster trust and transparency
in your relationship.
Reduce conflict
Prenuptial agreements and postnuptial agreements can reduce stress, avoid legal battles,
and keep costs to a minimum if you decide to separate.
Are prenuptial agreements and postnuptial agreements legally binding?
Prenuptial agreements (signed before marriage) and postnuptial agreements (signed after marriage) are not binding by statute in England and Wales.
However, judicial interpretation based on case law does uphold them, provided they’ve been negotiated willingly and fairly, financial disclosure has taken place, and each party has been legally represented.
The main advantage of a nuptial agreement is certainty over the outcome of a split and a resolution that works for you and your family.
Both partners are expected to confirm the assets and liabilities they own before paperwork is drawn up. Conversations about nuptial agreements can be tricky to bring up but financial planning is a sensible, forward-thinking way to ensure you and your partner are on the same page.
Do you need a solicitor for a prenuptial agreement?
Prenuptial and postnuptial agreements can be complex documents. Our legal experts will
support you in creating fair agreements that protect your assets and prevent future disputes.
Our team has a wealth of experience in family law and they will:
Listen to your needs.
We take time to understand your unique circumstances and requirements.
Provide clear advice
From tax laws to pensions, our family lawyers skip the legal jargon and explain the implications of prenuptial agreements and postnuptial agreements clearly, empowering you to make informed decisions.
Draft appropriate agreements
Every step of the way, we’ll tailor the document to your specific situation and ensure both you and your partner’s interests are protected.
We’re also able to review and update existing prenuptial agreements or postnuptial
agreements to ensure they remain relevant and protect your family and finances.
Speak with a prenuptial and postnuptial
agreement specialist
Find Rudlings’ offices across East Anglia in Norwich, Brandon, Thetford, and Bury St Edmunds. Do you already have a clear idea
of how you want to structure your agreement? Are you looking for help to negotiate an arrangement that works for you?
Whatever your situation, our expert family lawyers will advise on options that build trust and understanding between you and your partner.
