Prenuptial Agreement Solicitors

Prenuptial Agreement Solicitors

A prenuptial agreement, often referred to as a prenup, is entered into before marriage. It sets out how certain issues will be dealt with between you and your future spouse, both during your marriage and should you divorce.

This type of agreement is not just for couples with substantial wealth; it can help anyone getting married to start their new life with a good financial understanding and a level of certainty for the future.

It can cover issues such as how bills will be dealt with, how property would be split if you should separate and what will happen to an inheritance.

At Watkins, our prenuptial agreement solicitors can help you explore the options and draft a comprehensive agreement that gives you the reassurance you need while providing fairly for both you and your spouse.

We have many years of experience in drawing up robust prenups and we will work with you to identify the best way to protect your position. Our family law solicitors are helpful and approachable and we will be happy to answer all of your questions as they arise.

For tailored advice and support related to prenuptial agreements you can contact our expert prenuptial agreement solicitors Nicola Harvey and Celine Conley on 0117 939 0350 or email info@watkinssolicitors.co.uk.

Alternatively, you can use our contact form to request a call back, and a member of our team will be in touch shortly.

Our prenuptial agreement services

Our prenuptial agreement services include:

  • Legal advice on the options available when making a prenuptial agreement
  • Drafting prenuptial agreements
  • Advice and representation if you have been offered a prenuptial agreement to sign
  • Postnuptial agreements
  • Dealing with divorce or separation in situations where a prenuptial agreement exists

Our prenuptial agreement services

Legal advice on making a prenuptial agreement

We will go through your situation with you and explain the way in which you can deal with your assets in the agreement, as well as discuss other issues that you can include in the document, such as debts and provision for children. We will ensure that the document we prepare reflects the way in which you want to arrange your finances in the future.

Drafting prenuptial agreements

We will draft a comprehensive prenup, setting out the issues you want to include and providing protection and security for you and your future spouse. We have the experience to deal with complex situations, making sure that you retain the assets that are important to you or that are family interests and that you do not want to lose in a divorce.

Advice and representation on signing a prenuptial agreement

Everyone who signs a prenup must take independent legal advice first. We can go through a prenup on your behalf and check that it is in your best interests to sign. We will make sure that you understand the implications of the agreement and, where necessary, negotiate the terms.

Postnuptial agreements

If you are already married, then a postnuptial agreement is a similar document but made during a marriage. It can be appropriate for couples whose financial situation has changed over time, for example, because one of them has received an inheritance, or where a couple wants financial certainty for the future.

Dealing with divorce or separation with a prenuptial agreement

If you have a prenup and you are facing a divorce or separation, we can represent you. We will ensure that the prenup forms the basis of your financial order on divorce and that the assets are split in the way agreed upon wherever possible.

It is usually the case that your divorce will be faster and more cost-effective if you have a prenup or postnup in place.

Frequently asked questions

How do I get a prenuptial agreement?

It is crucial that a prenuptial agreement is properly drafted and executed and that you have advice on what to include and advice on the implications of signing. This means that you should ask expert prenuptial agreement solicitors to work with you to prepare the document.

If you ring to speak to one of our team, we will be happy to discuss the first steps with you and answer your initial questions.

How does a prenuptial agreement work?

The purpose of a prenup is to set out how a range of issues will be dealt with between you and your future spouse. We can advise you of the matters you can cover in the agreement and what would be appropriate for your circumstances. Issues that are frequently dealt with in a marriage prenuptial agreement include:

  • How property will be split in the event that you separate
  • How other assets will be divided
  • Who will pay the mortgage and other outgoings during your marriage
  • How debts will be dealt with, including those incurred before and during your marriage
  • How an inheritance would be dealt with if one of you were to receive this
  • Provision for children

Is a prenuptial agreement legally binding?

While a prenuptial agreement is not legally binding, the courts will generally follow the terms of a prenuptial during divorce proceedings, providing the following criteria have been met:

  • The agreement is fair and properly executed as a deed
  • Both of you understood the implications of signing
  • The agreement was freely entered into
  • You both made full financial disclosure to each other before signing
  • The terms of the agreement mean that both of your needs are adequately met
  • You both received independent legal advice before signing
  • The agreement was signed at least 28 days before the wedding

The court will also check that the agreement does not negatively impact the interests of any children.

What are the pros and cons of a prenuptial agreement?

A prenuptial agreement can help a couple be open and honest with each other about financial issues early on. This can avoid misunderstandings and disputes during the marriage and give both parties some financial certainty.

Should a relationship break down, if a well-drafted prenup is in place, it can make the process of separation and divorce quicker, easier and less acrimonious.

If you are in a stronger financial position than your spouse, for example, you have inherited money, you have business interests or you already own property, it can protect your assets.

The cons include the potential for one or both parties to feel that they are not being trusted and that divorce is being considered before they are even married. However, it is usually the case that the openness needed to make a prenuptial agreement can help a couple be honest with each other at the outset. If a financial situation changes over time, then the agreement might need to be changed to take this into account. Provided both parties agree, it is possible to make a postnuptial agreement to replace the prenuptial agreement.

What does a prenuptial agreement protect?

When entering into a prenup, you can take steps to protect any assets that you owned before your marriage, although the agreement will have to deal fairly with the situation and ensure that both of you are provided for in the future. It can also be used to protect inheritances and assets that belong to one of you, such as business interests or a family farm.

How much does a prenup cost?

The cost of a prenup will depend on the complexity of the agreement, the extent of the assets to be protected and the range of clauses needed. If you would like to discuss having a prenup made, we will be happy to talk through the potential costs with you.

As well as providing peace of mind, a prenup can also reduce future costs, should you divorce, as the process of securing a financial order will generally be much quicker and less contentious.

What our clients say about us

"We will highly recommend your service to others. It was an excellent service, the quality of service and professionalism throughout the case were very high."

Contact our prenuptial agreement solicitors in Bristol, Bath, Hereford and Evesham

For tailored advice on how to get a prenup you can contact our expert prenuptial agreement solicitors Nicola Harvey and Celine Conley on 0117 939 0350 or email info@watkinssolicitors.co.uk.

Alternatively, you can also use our contact form to request a call back, and a member of our team will be in touch shortly.