Pre-nuptial and Post-nuptial Agreements

Pre-nuptial and Post-nuptial Agreement Solicitors in Gloucestershire

A Pre-Nuptial Agreement or Post-Nuptial Agreement, also referred to as a ‘prenup’ or ‘postnup’, are a form of contract that two people can enter before or after getting married that outlines what will happen to their assets should the marriage fail. A prenup or postnup can regulate matters including, but not limited to: income, inheritance, debts, property, and businesses.

Thinking about your relationship ending may seem implausible. However, over half of UK marriages end in divorce or separation. Therefore, having a conversation about safeguarding assets and deciding how to handle liabilities should the relationship break down could be a worthwhile move.

If you are seeking advice regarding a pre-nuptial or post-nuptial agreement our experienced family law team can help. We have many years of experience in this area of law. Even if you feel you are in a happy and secure relationship, these can be valuable legal documents that can protect you, your children, and your partner in case of a separation.

For you, your family and your business. To speak to our family law team today, you can call our Gloucester office on 01452 521286, our Cheltenham office on 01242 264998,  email us at lawyers@langleywellington.co.uk or make an online enquiry.

Specialist Legal Advice on Making a Pre-Nuptial or Post-Nuptial Agreements

Langley Wellington is a leading family law firm with a specialist team of family lawyers who are experienced in dealing with pre-marital and post-martial agreements. Due to our combined areas of expertise across our firm, we also specialise in other areas of law such as child law matters, Wills, Property, and Inheritance Tax. Therefore, we will ensure that your agreements are bespoke to your personal needs and those of your family.

 

PROS of a Pre-Marital Agreement or Post-Marital Agreement:

  • Protect your propertyassets and
  • Avoid future costs
  • Special provisions
  • Debt Liability
  • Ensure Inheritance for your Children

 

How we can help

We understand the sensitivities involved in drafting this type of document and have worked on cases of all sizes. Our expert lawyers in Cheltenham and Gloucester will provide you with sensitive, confidential advice on all matters regarding pre-nups or post-nups regardless on the complexity of your situation.

A court will likely uphold a postnuptial or pre-nuptial agreement as long as they are deemed fair and do not prejudice the reasonable requirements of any children of the marriage. Valid agreements will also be subject to certain conditions being met when drafted, including both parties receiving independent legal advice. Our family law team will guide you through the process, liaise with your partner’s legal team, and make sure you fully understand the agreement being drawn up and that you have entered into, and signed the document freely.

Seeking expert legal advice from a specialist postnup or prenup lawyer is the best way to ensure that the agreement protects your best interests in the long term and that it is correctly drafted for the agreement to be considered legally binding.

If you are not married but living with your partner and wish to put in place a similar legally binding document to regulate what should happen if the relationship should end, you will need to put in place a Cohabitation Agreement as unmarried couples living together do not have the same legal rights as a married couple or civil partners. To find out more about Cohabitation Agreements, please click here: Cohabitation Agreement Advice

We can also help you with declarations of trust in respect of property holdings which can be stand alone or used alongside pre-nuptial, postnuptial, or cohabitation agreements.

 

For you, your family and your business. For legal advice on Pre-nuptial or Post-nuptial Agreements, you can call our Gloucester office on 01452 521286, our Cheltenham office on 01242 264998,  email us at lawyers@langleywellington.co.uk or make an online enquiry.

Other Legal Services

We can also provide specialist legal advice on other areas of law that may be relevant when you are dealing with a family law matter, such Wills, Lasting Powers of Attorney, Estate Management, and Conveyancing.

 

Get in Touch

To find out more about our Family Law Services or to speak with our team, call us or enquire online. We have two offices in Cheltenham (01242 264998) and Gloucester (01452 521286) or you can contact us here.

 

Our Fees

You can choose to be charged for the time actually spent on your case, or in suitable cases, we provide a series of fixed-fee packages that can help you better understand what is required for your case and manage the costs. Some of the fixed fee costs we can offer include:

Initial Consultation We can meet with you to provide you with initial advice and to discuss the options and the way forward with regard to your case for a fixed fee of £150 plus VAT for an up to 1-hour consultation.

If you want to start divorce proceedings/dissolution proceedings with regard to a civil partnership. We can deal with your divorce/ dissolution of civil partnership on the basis that it is undefended for a fixed fee of £600 plus VAT and the court fees which are currently £593. The fee covers us meeting with you to take instructions and to prepare the necessary paperwork, we will go on record at court for you and keep you updated by telephone, letter, and email.

Other fixed fee services include:
• Pre-Nuptial/Post Nuptial Agreement £1,500 + VAT
• Cohabitation/Separation Agreements £1,000 + VAT
• Consent Order £850 + VAT

The fee does not cover advice and assistance with regard to issues concerning children, financial matters, or domestic abuse. We are happy to assist in those areas, and can discuss the cost of doing so with you.

If you decide to take up this Fixed Fee Package, then the total sum is payable in advance for starting work.

FAQs

Are prenups legally binding?

Although prenups are not technically legally binding, the Court will give significant weight to them if each party has fully disclosed their financial position and each party has received independent legal advice. It provides adequate provision for each party in the event of a divorce.

Can you write your own prenup UK?

A prenup only carries weight if each party has had independent legal advice. It is, therefore, wise to instruct a solicitor to prepare the prenup and advise you on the same to ensure that it is a format to which the Court will give weight.

Do I need a lawyer for prenup UK?

You do need a lawyer for a prenup, given consideration will only be given to it if you have received legal advice. We offer a fixed fee for a Prenup in the sum of £1500 + VAT.

Does a prenup protect your money?

If adequate financial provision is made for both you and your spouse in the event of a divorce, then a prenup can protect the assets you brought into the marriage.

Is a postnup as good as a prenup?

A postnup carries just as much weight as a prenup. Still, we would always advise that you enter into this as soon as possible after marriage, given significant events such as the birth of children can impact the validity if it is not accounted for. We offer a fixed fee for a postnup in the sum of £1500 + VAT.

What are the disadvantages of a prenup?

A prenup will not necessarily be binding as currently; the Court can make financial orders on the breakdown of a marriage. It is also difficult to account for children who may not yet be born, and the Court’s primary concern will always be ensuring that a child is secure. A prenup cannot predict what will happen during the marriage, and significant changes in circumstances may occur, and therefore it will need to be reassessed.

What cannot be included in a postnuptial agreement?

A prenup cannot dictate what the child’s arrangements shall be following the breakdown of a marriage, nor can it oust the jurisdiction of the Child Maintenance Service.

What does a prenup not cover?

A prenup will not cover the arrangements for the children in the event of separation, given consideration will be given at that time regarding what is in the child’s best interests. We can advise you further in respect of what can and cannot be included.

What makes a postnuptial agreement valid?

Following a decision of the Supreme Court in 2010 (Radmacher v Granatino), the Court said: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’. Each party should have full disclosure of the other’s asset base, have their own legal advice and understand the implications of the agreement.

How can we help?

Our Fees

You can choose to be charged for the time actually spent on your case, or in suitable cases, we provide a series of fixed-fee packages that can help you better understand what is required for your case and manage the costs. Some of the fixed fee costs we can offer include:

Initial Consultation We can meet with you to provide you with initial advice and to discuss the options and the way forward with regard to your case for a fixed fee of £150 plus VAT for an up to 1-hour consultation.

If you want to start divorce proceedings/dissolution proceedings with regard to a civil partnership. We can deal with your divorce/ dissolution of civil partnership on the basis that it is undefended for a fixed fee of £600 plus VAT and the court fees which are currently £593. The fee covers us meeting with you to take instructions and to prepare the necessary paperwork, we will go on record at court for you and keep you updated by telephone, letter, and email.

Other fixed fee services include:
• Pre-Nuptial/Post Nuptial Agreement £1,500 + VAT
• Cohabitation/Separation Agreements £1,000 + VAT
• Consent Order £850 + VAT

The fee does not cover advice and assistance with regard to issues concerning children, financial matters, or domestic abuse. We are happy to assist in those areas, and can discuss the cost of doing so with you.

If you decide to take up this Fixed Fee Package, then the total sum is payable in advance for starting work.

Our Fees

Are prenups legally binding?

Although prenups are not technically legally binding, the Court will give significant weight to them if each party has fully disclosed their financial position and each party has received independent legal advice. It provides adequate provision for each party in the event of a divorce.

Can you write your own prenup UK?

A prenup only carries weight if each party has had independent legal advice. It is, therefore, wise to instruct a solicitor to prepare the prenup and advise you on the same to ensure that it is a format to which the Court will give weight.

Do I need a lawyer for prenup UK?

You do need a lawyer for a prenup, given consideration will only be given to it if you have received legal advice. We offer a fixed fee for a Prenup in the sum of £1500 + VAT.

Does a prenup protect your money?

If adequate financial provision is made for both you and your spouse in the event of a divorce, then a prenup can protect the assets you brought into the marriage.

Is a postnup as good as a prenup?

A postnup carries just as much weight as a prenup. Still, we would always advise that you enter into this as soon as possible after marriage, given significant events such as the birth of children can impact the validity if it is not accounted for. We offer a fixed fee for a postnup in the sum of £1500 + VAT.

What are the disadvantages of a prenup?

A prenup will not necessarily be binding as currently; the Court can make financial orders on the breakdown of a marriage. It is also difficult to account for children who may not yet be born, and the Court’s primary concern will always be ensuring that a child is secure. A prenup cannot predict what will happen during the marriage, and significant changes in circumstances may occur, and therefore it will need to be reassessed.

What cannot be included in a postnuptial agreement?

A prenup cannot dictate what the child’s arrangements shall be following the breakdown of a marriage, nor can it oust the jurisdiction of the Child Maintenance Service.

What does a prenup not cover?

A prenup will not cover the arrangements for the children in the event of separation, given consideration will be given at that time regarding what is in the child’s best interests. We can advise you further in respect of what can and cannot be included.

What makes a postnuptial agreement valid?

Following a decision of the Supreme Court in 2010 (Radmacher v Granatino), the Court said: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’. Each party should have full disclosure of the other’s asset base, have their own legal advice and understand the implications of the agreement.

Our Family Law Team

The family law team will be happy to speak with you regarding all areas of family law, cohabitation, and child law legal matters.
You can find out more about our team by clicking on the links below.

Contact our Solicitors

Langley Wellington is a forward-thinking law firm acting for clients nationwide. Whatever your legal requirements, we are here to help.

Get in touch with our Solicitors today. Call one of our offices on the numbers provided below, or fill out our contact form here. 

Gloucester Office: 01452 521 286
Cheltenham Office: 01242 269 998