Prenuptial Agreements Solicitors

A prenuptial agreement sets out in advance how assets and finances would be divided if a marriage breaks down. Under English law, prenuptial agreements are not automatically binding, but courts give them significant weight where they are properly drafted, both parties have received independent legal advice, and there has been full financial disclosure. The Supreme Court’s decision in Radmacher v Granatino [2010] confirmed that courts should uphold a prenuptial agreement unless it would be unfair to hold the parties to its terms.

Our prenuptial agreement solicitors in London advise clients on whether a prenup is right for their circumstances, what it should cover, and how to ensure it is as robust as possible. We offer fixed fee prenuptial agreement drafting from £1,200, with no hidden costs.

Nuptial Agreements are essentially of 3 types and which one is suitable for your needs depends on timing.

• A prenuptial agreement is one entered into before marriage/civil partnership;
• a postnuptial agreement is one entered into after marriage/civil partnership;
• and a separation agreement as the name suggests, post separation

When is a prenuptial agreement necessary?

A nuptial agreement is more common where there is un-equality of financial contribution or if protection is required for a particular asset. It also serves to take the heat out of the breakdown of the marriage by agreeing terms in advance. It provides a means of resolving financial and other problems informally without court intervention.

Nuptial agreements however are not ‘legally binding’, and does not achieve the same degree of finality as a court order. However, a prenuptial agreement is very strong evidence of what the involved parties intended their arrangements to be in the event of a separation. Departing from that agreement would need strong reasons. In any event, it is always recommended to enter into one than not to secure your finances and specific other matters. 

Can a prenuptial agreement be used for unmarried couples? 

 No, there is also a cohabitation agreement which is used after a relationship commences, similar to that of a post nuptial agreement with the difference that it is entered into outside of a marriage and is legally binding, in the same way as a contract.

There are rules relating to the validity of each agreement and at Freeman Harris Solicitors in Greenwich, London, we can advise you of your position and draw up the appropriate agreement to suit your family needs.

I have been asked to sign a prenup, what should I do? 

 We offer a prenuptial agreement review service, which will explain the process to you.