Getting married or moving in with your partner is an exciting time and it might seem unromantic to think about what would happen if you later separate.
However, with around 2 in 5 marriages ending in divorce and the average relationship lasting less than 3 years, it is sensible to agree a plan with your partner for what will happen to your home, saving and other assets, and any children you have together if your relationships ends. Read our article about your rights to property after separation
Pre-nuptial and Post-nuptial agreements are on the rise, particularly amongst couples who may be marrying for the second time or where one party has family wealth which they wish to secure for the future.
Described in The Legal 500 as "brilliant", our family law team are consulted frequently by our clients - before or after marriage - seeking expert advice in regulating any financial claims they may have with their partner, in the event that they go on to separate in the future.
We provide expertise in preparing bespoke Pre-Nuptial Agreements for those who are marrying and Post-Nuptial Agreements for those already married.
If you have money, property or business interests to protect (often from family inheritance or personal wealth) it is highly likely that your partner could lay claim to these if you separate without having a pre-nup. You might want to read our article on Pre- and Post-Nuptial Agreements and 'the Bank of Mum and Dad'.
The family courts in England are now regularly seeing and upholding the intentions behind properly drafted Nuptial Agreements so it is vital that expert legal advice is taken at the earliest possible time.
There are specific criteria that must be met to give your Agreement the best chance of being upheld, and the Harrowells team will ensure your pre-nup is drafted to protect you and your assets with as more surety as possible.
Contact our expert pre-nuptial agreements solicitors
Looking for clear, practical advice and support to make a pre-nuptial agreement or post-nuptial agreements?
Our reputation for offering clear, effective advice is growing and, together with independent recognition of our Family Law expertise by Legal 500, means we advise clients right across the country. It is very straightforward to arrange meetings by video or telephone, as you prefer, so that we can provide you with the information, advice and reassurance that your interests will be secured and protected. If you live locally, you also have the option to meet us at one of our offices. Call us or email us for a confidential initial discussion so we can understand your situation and explain how we can help you. We can be flexible and schedule our initial meeting with you outside normal office hours if that better suits your circumstances.
Understanding the different types of agreements
There are three main types of agreement you can make to protect yourself from possible negative financial consequences, provide certainty for you and your children and avoid unnecessary conflict and expense associated with divorce in the event of your relationship ending.
To ensure your agreement is as binding as possible, there are strict criteria to be following including both parties entering into the agreement willingly, taking independent legal advice and making a full disclosure of all their assets and any liabilities, such as mortgages and other debts.
Pre-nuptial agreements
Must be entered into before getting married, the further in advance of the wedding the better but at least three weeks before your wedding day.
Post-nuptial agreements
Can be entered into at any point after you get married either on their own or they may act to update or reconfirm the terms of an earlier pre-nup.
Cohabitation agreements
Or ‘living together’ agreements are used where you are living with your partner without getting married. They are commonly used when the house in which you will live is only owned by one person or where one of you has made or will make a greater financial contribution than the other.
Our pre-nuptial agreements solicitors’ fees
We will discuss the requirements of your agreement and discuss the fees you can expect in advance. We have a range of options for payment which will be discussed with you in advance of any work being undertaken to ensure the cost will be affordable to you.
Learn more about our Family Law Fees.