Pre and Post Nuptial Agreements

Whilst the concept of pre and post-nuptial agreements has become more widely recognised here in the UK, they are not yet formally binding in the courts of England and Wales.

The use of these highly topical agreements can be a useful tool for some couples, where the parties wish to preserve assets in the event of a relationship breakdown. We do however, recommend that they are only developed and implemented with professional guidance. Our expert family team have a wealth of experience in advising on both pre and post-nuptial agreements.

A pre-nuptial agreement is formed between a couple who intend to marry or enter into a civil partnership, ideally 21 days before the date of the event. It details the couples intentions should the partnership fail, and includes items such as the preservation of assets acquired during the partnership. The agreements also typically include a review clause, which allows the couple to update the agreement either after a pre-determined period of time, or the birth of a child. At this time, the couple may choose to end or continue the agreement for a further period of time.

A post-nuptial agreement is entered into after the date of the marriage or civil partnership and covers the same issues identified above.

It should be noted that in the event of a relationship breakdown, the agreement is of evidential value only, and the court will take a number of factors into account when deciding on the allocation of assets following separation. More details on this can be find on our ‘financial matters following relationship breakdown’ page.

For additional detail regarding the use of pre and post-nuptial agreements, please contact our highly experienced team detailed below.

 
 

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Aileen Hartnett

Partner

Aileen is the Head of Taylor Walton’s Family Law team and has in excess of 35 years’ experience in family law.  As a family law specialist Aileen specialises in:

  • Divorce
  • Financial issues arising on divorce
  • Dispute between parents relating to residence and contact with their children
  • Cohabitation disputes and financial issues arising
  • Advising on pre and post nuptial agreements

In addition to dealing with cases litigated through the courts Aileen is a trained Collaborative Lawyer since 2005.

 
 

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I would like to take the opportunity to thank you, Will and the rest of you team for professional service and providing advice whenever it was needed. It has eased a difficult situation knowing that I had that support.