Pre- and Post-Marital Agreements

It might seem unromantic, but having a pre-marital agreement in place can offer you and your family protection and a ready-made solution should things not go as planned. You may have pre-existing wealth, such as a property, an inheritance, or business assets or monies from a previous divorce settlement, which you want to protect, or you might wish to avoid the complications and legal costs in the event of a separation or divorce.

Pre and Post-Marital Agreements are not yet legally binding in court but courts are now taking such agreements into account when deciding cases on divorce.

Various factors increase the credibility and weight to be applied to such agreements including:

• If the agreement is made well in advance of the marriage and the marriage announcements and preparations.
• If both you and your fiancé(e) either receive or have the benefit of taking independent legal advice before signing to the terms of the agreement.
• If you mutually disclose your respective financial circumstances openly to each other which is recorded within the agreement.
• If you have considered carefully the financial provision that you have agreed to make and that a divorce court might, in its discretion, otherwise make.

A court may not uphold the agreement if:

• It does not meet one or both parties needs
• It does not deal with a dependent child/children
• An unforeseen event arises such as illness or bankruptcy significantly changing your respective needs and resources.

Can you get a prenup after marriage?

• You can enter into a post-marital agreement if you are already married.
• You may require both a pre-marital agreement and a post-marital agreement, particularly if the pre-marital agreement is entered in to close to the date of the marriage.

The important factor is that an agreement is in place before any dispute/separation might take place.

For more information, why not download our helpful family law guides, or call our team to discuss you situation further on 0114 272 1884 for our Sheffield solicitors or 01302 341414 for our Doncaster solicitors.

Our family law solicitors can help you with any of the following: