Prenuptial and Postnuptial Agreement Solicitors

Entering into a legal contract with your partner about money may not be the most romantic idea in the world, but it is becoming increasingly popular with couples before or just after they get married. A prenuptial or postnuptial agreement can provide certainty about where you and your partner stand financially, protect your assets, and provide a legal safety net in case you separate in the future.

At Taylor Fordyce, we have many years of experience drafting and reviewing prenuptial and postnuptial agreements. We can provide advice about your legal rights, set out your options in plain English, and recommend the best course of action. Our focus will be entirely on you, ensuring that your future interests are protected so that you can continue with your life with peace of mind.

Our prenuptial agreement solicitors regularly advise individuals from all financial backgrounds and walks of life, from people who have some savings and a home, to high net worth individuals with businesses, international assets and extensive investment portfolios.

For more information or to set up an initial discussion with a member of our Family Law team, give us a call at your local branch in Winchester, Sunningdale or Alresford, or fill in our simple online enquiry form.

How our postnuptial and prenuptial agreement solicitors can help

Getting married or entering into a civil partnership means that your finances become combined in the eyes of the law. If you break up, either partner has the right to make financial claims against the other unless they are able to agree a binding divorce financial settlement – a difficult and stressful task when the relationship has broken down.

A prenuptial agreement or postnuptial agreement made before or during your relationship can protect your financial interests and remove uncertainty.

We assist individuals who want to make a prenup or postnup for all sorts of reasons, including:

  • To create certainty over finances and who owns what
  • To protect your assets, such as inheritance and savings, when entering into marriage or civil partnership
  • To preserve assets, maintenance arrangements or child arrangements from past relationships
  • To ensure you keep control of your business
  • To protect yourself from your partner’s debts

We are a team of friendly, highly skilled family lawyers with decades of experience. Our team includes Marianne Tyndall, a Solicitor with over 10 years’ experience. Marianne is a member of Resolution, a family law network for professionals committed to resolving family problems with as little conflict as possible. 

We understand that talking about your finances can be a difficult conversation to have. However, it is essential to ensure you and your partner are on the same page, particularly if you are about to get married. Our goal is to help you explore all your options in a positive, constructive way, with the view that having this conversation now will strengthen your relationship and create certainty for you both.

As members of Resolution, we comply with the Resolution Code of Practice which means we will:

  • Provide a non-judgmental listening ear and take into account all your needs and concerns
  • Be honest with you and treat you with respect
  • Set out all your options so you can make informed decisions
  • Help you look at the bigger picture and decide what is most important to you
  • Manage stress and emotionally support you through the experience

What is the difference between a prenuptial and postnuptial agreement?

Prenuptial agreements and pre-civil partnership agreements are drawn up before the marriage or civil partnership is entered into. A postnuptial agreement is one which is drawn up during the marriage and these are used more commonly to protect assets in cases where a relationship breaks down. Most already have assets they wish to protect whereas some are expecting to generate assets or accrue wealth during the marriage - whether from inheritance, investments or earnings.

Are prenuptial and postnuptial agreements legally binding?

Many people think that prenups and postnups hold no legal weight because a family judge could just overrule it. However, while the part about the judge having the final say is technically true, recent cases actually show that agreements will be upheld where the parties have entered into the agreement with a clear understanding of its implications, unless it would be unfair on one party to be held to its terms.

This means that both you and your partner should get independent legal advice (from different lawyers) and follow all the necessary legal requirements to ensure the agreement is fair and that you both understand its full effect.

Why make a prenup or postnup?

The idea of entering into a prenup and postnup used to be confined to American television dramas where it was often a source of conflict for the characters involved. In fact, prenups and postnups are becoming popular with couples looking to avoid conflict.

By setting out your financial arrangements in writing, if you and your partner should ever break up, you could save considerable time, costs and stress when sorting out your finances during the divorce or dissolution proceedings.

As well as providing that any future divorce or dissolution proceedings go more smoothly, having a prenup or postnup can provide certainty within your relationship and help prevent disagreements over money and property. So, even if your relationship is rock-solid and you cannot even fathom the idea of getting divorced, a prenup or postnup could still be right for you.

Get in touch with our prenuptial and postnuptial agreement solicitors

For more information or to set up an initial discussion with a member of our Family Law team, give us a call at your local branch in Winchester, Sunningdale or Alresford, or fill in our simple online enquiry form.

 

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