When you’re planning your wedding, the last thing you want to think about is the possibility that your marriage will end in divorce. Unfortunately, the statistics show that many do. The specialist family law solicitors at Wilford Smith have many years of experience helping clients draft prenuptial agreements to offer them clarity and certainty for the future, helping to avoid expensive and drawn-out court proceedings should your marriage come to an end.
When you instruct one of our lawyers, you can be sure that we will handle the preparing of your prenuptial agreement professionally and sensitively. Our solicitors are friendly and approachable and will take the time to meet with you and discuss your circumstances in detail, addressing any questions or concerns you may have clearly and without resorting to legal jargon.
Contact our team today on 01709 828 044 or complete our online enquiry form and we will be back in touch.
What is a prenuptial agreement?
A prenuptial agreement, sometimes referred to as a 'pre-nup’, is a formal agreement entered into by couples before they get married that sets out how their assets, such as their home, savings and business, will be shared if their marriage ends in divorce. Many people will associate prenuptial agreements only with famous or wealthy couples, but they are increasingly used by couples regardless of their circumstances or wealth.
Similar agreements are available for couples entering into a civil partnership, known as pre-civil partnership agreements.
Can couples in England and Wales sign a prenuptial agreement?
Yes, although if the agreement is to be relied upon in the future, there are specific rules that must be followed. While prenuptial agreements are not legally binding in England and Wales, a court will be likely to uphold the terms of the agreement if the correct steps have been followed.
What steps must be followed if a prenuptial agreement is to be given effect?
Three steps must be followed if a court is to uphold the terms of a prenuptial agreement. These are:
- The spouses must enter into the agreement of their own free will, without pressure being put on them to do so. They must also be made aware of the implications of signing the agreement;
- Both spouses must disclose their finances and receive independent legal advice;
- Both parties must intend the agreement to be effective.
If these conditions are satisfied, the court will generally uphold the agreement, unless it considers it unfair to do so.
What are the benefits of signing a prenuptial agreement?
Prenuptial agreements offer security and certainty for spouses, while also removing much of the anxiety and stress that can occur when trying to reach a financial settlement after separation. Drawn out and expensive court action can also be avoided by having an agreement in place at an early stage, with prenuptial agreements acting as an inexpensive and straightforward means of achieving consensus.
Contact our Prenuptial Agreement Solicitors
The experienced prenuptial agreement lawyers at Wilford Smith are trusted by clients across England and Wales to deliver accurate, reliable legal advice on a range of family law matters. With a reputation for providing unique representation with a client-focused approach, we can develop the best solution for you, whatever your circumstance.
Call us today on 01709 828 044 or complete our online enquiry form to find out how we can help.