Are pre-nuptial and post-nuptial agreements legally binding in England and Wales?
Whilst these agreements are not automatically legal binding, courts are likely to uphold them, provided that they are properly drafted and fair.
What is the difference between a pre-nuptial agreement and a post-nuptial agreement?
Whilst both serve the same purpose, the key difference between these agreements is timing. A pre-nuptial agreement is made before marriage, and a post-nuptial agreement afterwards.
Do both partners need a solicitor?
Yes, each partner should obtain independent legal advice when considering a pre-nuptial or post-nuptial agreement, especially if you want to ensure that the agreement will be upheld in court.
Can we include child arrangements in a pre-nuptial or post-nuptial agreements?
You can discuss intentions; however, child arrangements will ultimately be decided in the best interests of the child at the time, either of separation or later, if parents cannot agree on these.
How much will a pre-nuptial or post-nuptial agreement cost?
At Zeus Family Law, we offer a complimentary 20-minute consultation so you can understand your rights and whether a pre- or post-nuptial agreement is the right step for you. If you decide to proceed, our experienced solicitors will provide a clear, tailored estimate based on your individual circumstances, so there are no hidden costs or surprises.
Can I use a pre-nuptial or post-nuptial agreement to protect my business or inheritance?
Yes, these agreements can effectively ring-fence business interests or family wealth, and ensure that these are preserved in the event of separation.
What if our circumstances change after we sign the nuptial agreement?
We recommend reviewing a nuptial agreement if major life events occur, such as children, inheritance, or changes in income.
What if my partner refuses to sign a nuptial agreement?
You cannot force your partner to sign a nuptial agreement; however, we can help you approach this conversation in a constructive way and explore alternative ways to protect your position.