Pre & post-nuptial agreements

Pre- and post-nuptial agreements outline asset distribution if a marriage dissolves, often safeguarding pre-marital assets or assets inherited during the marriage. They can also be used to protect family business shares from division. While discussing financial planning before marriage may be challenging, these agreements provide clarity and can prevent costly legal disputes. 

Whilst a conversation about the end of a marriage before it has really started may be difficult, agreements of this sort are increasingly common, and many couples see them as a sensible planning exercise to avoid the uncertainty and significant legal costs which can follow on divorce.

How binding are pre- and post-nuptial agreements? 

Although not legally binding in the UK, properly prepared nuptial agreements are often considered by the court as a relevant factor in a divorce settlement. For your nuptial agreement to be considered you should ensure that: 

• both parties seek independent legal advice 
• documents are signed at least 28 days before marriage 
• each party has disclosed information about their financial circumstances 
• ensure the agreement is fair for both parties and any children. 

Should I review a nuptial agreement? 

Regular reviews are recommended, particularly after major life events like inheritance, the birth of a child, or changes in your financial situation. As with wills, updating these documents ensures that they reflect your current circumstances.