Pre-Nuptial and Post-Nuptial Agreements

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Safeguarding your assets should your marriage breakdown

If you’re bringing personal wealth, business interests or children from a previous relationship into a marriage or civil partnership, a Pre-Nuptial or Post-Nuptial agreement offers protection should you separate.

A Pre-Nuptial (prenup) agreement is signed before marriage or a civil partnership and sets out how assets should be divided if the relationship ends – providing clarity and helping to avoid future disputes. Where significant wealth, family property, or financial responsibilities are involved, it can be an essential safeguard.

If time is short or the marriage has already taken place, a Post-Nuptial (postnup) agreement offers the same legal protection. Both types of agreement require full financial disclosure and independent legal advice, with prenups ideally signed at least 28 days prior to the wedding to ensure they carry weight in court.

We understand that discussing a Pre-Nuptial or Post-Nuptial agreement can feel delicate, which is why our Family Law solicitors take a calm, compassionate approach. We’ll work closely with you and your partner to understand your priorities and create a tailored agreement that reflects your values and protects your interests. With clear advice and a personalised approach, we aim to give you peace of mind and the best possible result for your future.

Why Choose SE-Solicitors

Understanding

We know the stresses and uncertainty you may face. Family is all about relationships, so we are doubly focused on compassionately understanding you and your world more deeply.

Expertise

By harnessing our collective skills, knowledge, and depth of expertise, we’re here to support you and manage the unique complexity of your interests in a smarter way.

Insight

Naturally strategic, we’re able to solve problems, realise opportunities more effectively, and see the bigger picture, for family is at the heart of so much of our lives.

Agility

Always responsive, with a solutions orientated mindset, we get to the heart of the matter fast, enabling you to reach positive outcomes more quickly.

Get in touch

If you’re considering a Pre-Nuptial or Post-Nuptial agreement and want clear, practical legal advice, we’re here to help. Our Family Law team offers tailored support to give you confidence and peace of mind as you plan for the future.

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FAQs

Your questions answered. Take a look at some our Pre-Nuptial and Post-Nuptial Agreements frequently asked questions for more information.

What is the difference between a Pre-Nuptial and a Post-Nuptial agreement?
A Pre-Nuptial agreement needs to be signed at least 28 days prior to the date of the wedding ceremony. If timescales are tight, and this is not possible, then a Post-Nuptial Agreement is more appropriate as this can be signed after the date of the wedding ceremony.
Is a Pre or a Post-Nuptial agreement legally binding?
Nuptial Agreements are not legally binding, however, if they are prepared and executed correctly, and reviewed periodically, then they are likely to hold significant weight should the marriage or civil partnership come to an end.
What can be included in a Pre-Nuptial agreement?
Pre-Nuptial Agreements can set out the ownership of ‘separate property’ so that it is clear who owns that property should the marriage or civil partnership break down. ‘Separate property’ can include assets such as properties owned prior to the marriage, business interests or future inheritance. It is important to discuss the detail of a Nuptial Agreement with your appointed solicitor as the effect of the agreement still needs to be fair.
Can Pre-Nuptial agreements be changed once you are married?
Pre-Nuptial Agreements can be reviewed and updated regularly throughout the marriage to ensure that they hold as much weight as possible. Often people include review clauses, such as the birth of a child of the family.
What is the difference between a Cohabitation Agreement and a Pre-Nuptial agreement?
A Cohabitation Agreement is an agreement that is reached between a couple that have no plans to marry or enter into a civil partnership. The Cohabitation Agreement typically outlines what will happen to the property if the couple were to separate, how to deal with payment of the mortgage and household bills, and how to separate the items in the property. A Pre-Nuptial Agreement is for couples that intend to marry or enter into a civil partnership.