Pre-Nuptial Agreements Solicitors in Birmingham, London and Northampton

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When you are planning to get married, preparing for what could happen in the event of a divorce isn’t necessarily what you would like to be thinking about. However, having a prenuptial agreement is a sensible decision that gives you peace of mind knowing that financial disputes will not ruin the relationship between you and your partner should you decide to go your separate ways.

Signing a prenup doesn’t have to be a big deal. It’s an intelligent way of preempting future problems. Here at Witan Solicitors, we have a team of prenuptial agreement solicitors with decades of experience in the field of family law, who can help you protect your pre-marriage assets and arrange how responsibilities will be shared with your partner if things come to an unfavourable conclusion. We handle the process in a natural and amicable way, so you and your partner feel comfortable with the situation.

Get in touch with our prenup lawyers today on 0300 303 2071 or email info@witansolicitors.co.uk for a no-obligation consultation.

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What is a Prenuptial Agreement?

A prenuptial agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil partnership that allows them to set out what should happen when their marriage or civil partnership eventually ends by death or divorce.

Prenups are designed to protect your wealth and cover all your pre-marriage assets, including money, inheritance and property, as well as your responsibilities to any children from a previous marriage. The prenuptial agreement also details how assets acquired during the marriage will be divided if need be, laying the foundation of a divorce financial settlement.

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When is a prenup right for you?

Our prenuptial agreement solicitors help couples who are looking to settle their financial affairs before marriage in case they become divorced.

Prenuptial agreements can be particularly helpful if one of the parties is bringing great wealth or business assets into the marriage and, for example, they want to make it clear that some of those assets will belong to their children in the event of death or divorce.

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What are the benefits of signing a prenuptial agreement?

Prenups are there to protect you and your family by offering:

• Protection of assets
• Minimising the dispute on divorce
• Dispensing of money concerns on marriage
• Transparency of disclosure before you marry

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How do I get a prenup?

If you choose to sign a prenuptial agreement before you get married, you will have to begin the process at least a month before the wedding. For your prenup to have value in front of a Divorce Court both you and your partner must have independent legal advice and offer full financial disclosure.

You must also carefully think about all the implications of the prenup and how they could affect your life in the future if your circumstances change. For example, if you had children or you lost your job, would the prenup still be fair? This is why it’s a good idea to set out a period of time after which the prenup is reviewed, to ensure that the agreement continues to be valid for your situation.

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Why choose Witan Solicitors?

If you need a prenup solicitor in the Midlands and London, our team at Witan Solicitors can offer the experience, knowledge and support you need. Some of the reasons to choose us to represent you include:

• Experts with more than 50 years of industry experience
• Recognised by Legal 500
• Members of Resolution
• Jargon-free legal advice
• Understanding and supportive team

Get in touch with our prenuptial agreement lawyers today for a FREE consultation.

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How do the Courts treat a prenuptial agreement?

In Court, prenups are not technically considered a legally binding document in the same effect as a Court order. However, it is treated as evidence when deciding how assets should be shared in the event of a relationship breakdown, as it is a legal contract.

Following the Supreme Court decision in Radmacher v Granatino [2010] UKSC 42 in October 2010, the court will uphold a prenuptial agreement that is freely entered into by both parties with a full appreciation of its implications, unless in the circumstances it would not be fair to uphold the agreement.

In simple terms, for your prenup to stand up in court, you must be able to prove that the person who had more the loose in the event of a breakup:

• Fully understood the implications of the prenuptial agreement
• Had competent legal advice
• Was not influenced or pressured in any way to sign the agreement

As, well as that both you and your partner:

• Offered full financial disclosure and;
• No injustice will be done if the prenup is upheld by the Court

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Do I need legal advice to sign a prenup?

Some couples choose to draft their own prenuptial agreement without seeking the help of a prenup lawyer to reduce the cost of the agreement. However, this could lead to several issues, including your prenup failing the Court requirements in case of a divorce.

Although prenuptial agreements are not binding on the Court, if properly drafted and implemented, they will be upheld by a Divorce Court, unless it is unfair to do so. This is why it’s important to have an experienced legal professional by your side from the very beginning to make sure everything goes smoothly.

Also, getting legal advice is crucial for avoiding several pitfalls that could come your way if you go to Court. There are complex potential disadvantages that could arise from a prenup which need very careful consideration. For example, the difficulties of making financial provision for children, providing the agreement is indeed legally binding and providing for change.