PRENUPTIAL REVIEW BY INDEPENDENT SOLICITORS
A THOROUGH PRENUPTIAL REVIEW FOR YOUR PEACE OF MIND
Prenuptial Review SolicitorsPre-nup review from only £750
If you have been asked to sign a prenuptial agreement, you must have it reviewed by an independent solicitor in order for it to be a “qualifying agreement” under English law. The prenuptial agreement would have been drafted by a lawyer advising your fiancé, and we would be advising you on the agreement.
The family law team at Freeman Harris Solicitors will review your prenuptial agreement and provide you with the relevant legal advice. Our objective is to ensure your rights and best interests are protected. If your fiancé has asked you to sign a prenuptial agreement, please contact us. We will offer you comprehensive and efficient legal advice at a fixed cost.
More on our prenuptial review services
As part of this service, we will review the terms of the prenuptial agreement providing you with advice on the matter. We will advise if there are any terms which are to your detriment and will exclude your rights under the Matrimonial Causes Act 1973. In such cases, we will be available to negotiate any alterations to the agreement. Our role here is to help you understand the terms of the agreement and help you negotiate better terms, if needed.
Prenuptial reviews are not recognised by the English courts, although they are considered as factual agreements which would be presented in court in case there is a breakdown of marriage. For this reason, prenuptial agreements need to be prepared carefully and reviewed. The terms of the prenuptial agreement are only enforceable if it is well researched and drafted. The review process also has to follow the same pattern. In case of a breakdown of the marriage, if evidence is produced that it was signed under duress or that the agreement favoured one party over the other, it will not be enforced.
A prenuptial agreement is a helpful step in protecting a person financially. As a prenuptial agreement requires a review, we will ensure that you are able to understand the terms of it and what needs to be done if it is too one sided or harsh.
Getting a Will made will ensure that your estate goes to the person you would like to leave it to.
Our family law team
Sareyeh has been qualified as a Solicitor for over 10 years. She is the head of our Family Law department. With a good few years of experience in dealing with family law matters. Sareyeh can help you with all your needs.
Marjana is our Trainee Solicitor who deals with family law matters. She has a deep interest and understanding of all legal aspects of relationships, children matters and financial disputes.
Contact us for free prenuptial agreement advice!
Prenuptial Agreement Review FAQs
What are pre-nuptial agreements?
A Pre- Nuptial (Pre-Nup/Pre-Marital) Agreement is a contract between two people before they get married, that decides prior to a divorce, or in the event of a divorce – the division of property/money etc
What are post-nuptial agreements?
Post-Nuptial Agreements are made during a marriage, where the parties decide what to to do with their property/money, in the event of a divorce
Are pre and post-nups legally binding?
They are not legally binding in the UK; however, more weight is given to them now, provided the agreement is a “qualifying agreement”
The criteria for a “qualifying agreement”:
- There must be full disclosure by both parties
- Both parties must receive independent legal advice from different Solicitors
- The Agreement has to be have been signed no later than 28 days before the wedding
- It should be signed by both parties with a statement that says that the parties understand/No duress
What is the history here?
Pre and Post-Nuptial Agreements were regarded as void and unenforceable as a matter of Contract Law. This was because on the view that spouses had a duty to live together in the absence of grounds for a divorce, and this could not be revoked by a private agreement.
Recent case law has established that Courts’ objections can no longer apply.
• Mcleod v Mcleod
• Radmacher v Grantino
Although the Courts will still have overriding power to change/vary the agreements in the interest to meet fairness for the parties involved, more weight is given now and the Agreement will be considered, but will not be the sole consideration in a divorce – other factors/circumstances will be taken into account
Why enter into a pre or post-nuptial agreements?
- To keep one’s own assets
- To protect ones wealth
- To protect your family wealth