Pre and post nuptial agreements
Tailored for every couple’s individual circumstances
Tailored to your circumstances
Pre-nuptial and post-nuptial agreements record how a couple’s assets will be divided if the marriage or civil partnership fails. It can also include other vital issues, such as arrangements for where any children will live and financial support for them.
A pre-nuptial agreement is entered into by both parties prior to the marriage, whereas a post-nuptial agreement can be drawn up at any time after the marriage.
Why consider a prenuptial agreement?
For a pre-nuptial agreement to be entered into properly the couple each need to obtain independent legal advice on the agreement. It is important that both parties have disclosed their assets to each other and that the terms of the agreement produces a result that is fair and reasonable. The agreement should be negotiated and signed at least 28 days prior to the wedding. This allows the couple to both obtain advice, have time to consider this advice and therefore make an informed decision about whether they want to sign the agreement.
An increasing number of couples are taking out pre-nuptial agreements to protect themselves and avoid the potential distress, acrimony, and expense of disentangling their finances later if their marriage breaks down.
Their growing popularity reflects how their open and transparent nature are regarded positively by couples who want to do ‘the right thing’ by each other – and by any children whose interests should always come first. Pre-nuptial agreements can work particularly well for couples marrying for the second time. This applies where a husband or wife have their own wealth which they want to retain in the event of a separation as well as protecting the interests of children from previous relationships. They can also give comfort in cases where a wealthier spouse agrees to provide for the other spouse in the event of a separation.
What is a post-nuptial agreement?
Post-nuptial agreements are usually entered into for the same reasons as pre-nuptial agreements – primarily for the protection of wealth and to achieve certainty. The agreement regulates how a couple intends to divide their assets in the event of a divorce. Post-nuptial agreements allow for changes in circumstances in the years following a marriage. Many couples do not realise that it is possible to enter into an agreement after they have married or entered into a civil partnership.
Post-nuptial or post-marital agreements are often used when parties wish to amend a pre-nuptial agreement to reflect a change in their circumstances such as receiving an inheritance during the marriage, the birth of a child or the start up of a new business venture.
How Jones Myers can help
Sadly, we have seen repeatedly how arguments concerning money can cause enormous damage for separating couples and their wider families. Seeking advice from experienced family lawyers like Jones Myers when entering into a very serious emotional, financial and legal commitment such as marriage can help to avoid that happening.
Jones Myers family lawyers have extensive expertise in advising on and drafting pre-nuptial and post-nuptial agreements which promote healthy dialogue on key issues such as careers and families. They can also give advice in cases where a wealthier spouse agrees to provide for the other spouse in the event of a separation.
Our experts guide you with sensitivity – helping you to discuss and consider often difficult matters before you enter into the marriage. We can also advise when the marriage breaks down and consider if the terms of a pre-nuptial agreement signed by the parties prior to the wedding should be followed.