They can serve as a highly effective means of safeguarding the assets you bring into your marriage and ensuring a fair division of those assets in the event of a separation.

Divorce Living Together Experiencing Domestic Violence Children's Issues Change of Name Pre-nups and Post-nups Fees

Nuptial agreements, which include both pre-nuptial (pre-nup) and post-nuptial (post-nup) agreements, are intended to define the financial terms in the event of a divorce. The agreements we create are tailored to individual needs and aim to safeguard any assets that either party brings into the marriage or may inherit during the marriage.

Nuptial agreements offer clarity and peace of mind, granting you greater control and the ability to establish your own plans for the future.

At Hegarty, we are dedicated to assisting you in safeguarding your future and we understand the significance of ensuring that everyone walks away from the process feeling satisfied and reassured. Our team of experts will collaborate with you to develop a nuptial agreement tailored to your needs, ensuring your peace of mind.

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Why should I have a nuptial agreement?

Pre-nups

Wealth Disparity

If there is a current or anticipated significant difference in wealth between you and your partner, a prenuptial agreement can safeguard your assets.

Family Assets

Safeguard valuable assets, such as property or trusts that have been passed down through generations, along with business interests you want to shield from divorce.

Previous Marriages

If this is not your first marriage for either of you and you want to protect assets for children from your prior marriage.

Immigration

If you are marrying sooner than you would have for immigration or visa purposes, a pre-nuptial agreement can offer financial transparency.

Post-nups

Missed Pre-Nuptial Opportunity

Occasionally, individuals overlook the chance to establish a pre-nuptial agreement before tying the knot, yet they still desire an agreement for one of the reasons mentioned above; it’s never too late to pursue this option.

Unexpected Wealth

Safeguard any unexpected wealth, like a significant gift from a parent, by securing it with a post-nuptial agreement.

International Relocation

For couples moving to England from abroad, a post-nuptial agreement can offer peace of mind in case of a divorce, particularly since London is known for its favourable divorce laws.

Tax Considerations

There are times when it may be beneficial to manage your assets differently for tax purposes during marriage, rather than simply splitting them 50/50. A post-nuptial agreement can outline alternative methods for asset division in the event of a divorce.

Update your prenuptial agreement

It is crucial to periodically review and revise your prenuptial agreement, as situations are bound to evolve over time. Any modifications to a prenup should be made in collaboration with one of our family law solicitors, who can incorporate clauses into your agreement. If the proper formalities are not observed, there is a risk that the entire prenuptial agreement may be deemed invalid and, consequently, unenforceable.

It’s crucial to understand that you can safeguard your assets through your Will or by establishing a trust that benefits you and your family. For guidance, reach out to our Wills, Trusts, and Probate team today.

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Are prenups and postnups legally binding?

In England and Wales, prenuptial agreements are not currently fully legally binding. If couples decide to divorce, the court must ensure that the contract was created correctly when it was signed. Additionally, the court has the authority to assess whether the agreement is equitable for both parties.

The court may examine the following issues:

Is the agreement equitable for both parties?
Was either party coerced into signing the agreement?
Did both parties thoroughly comprehend the consequences of signing the agreement?
Did both parties disclose all relevant financial information regarding their assets?

The court holds the authority to enforce a financial settlement, irrespective of any modifications to the existing agreements.

As long as a prenuptial agreement is properly drafted, these contracts can hold significant value and serve as the most effective means of safeguarding your financial assets in the event of a divorce.

What is needed for a prenuptial agreement?

To ensure your prenuptial agreement is upheld in court, consider the following key points:

Both parties should seek legal advice and have a comprehensive understanding of the terms and implications of the prenup.
The agreement needs to be equitable.
It must be legally sound, so it should be prepared by a qualified family solicitor.
The needs of both parties should be addressed, and they must enter into the prenup voluntarily.
Complete disclosure of all assets is required at the time the agreement is created.
The prenuptial agreement should be established at least 28 days prior to the wedding.

What is needed for a postnuptial agreement?

To ensure that your postnuptial agreement is enforceable in court, consider the following key factors:

Each spouse (or civil partner) must obtain independent legal advice prior to signing the agreement.
Complete disclosure of each party's assets should be provided.
There must not be any significant alterations to the financial or family circumstances.
Neither party should feel coerced into signing the agreement.
The agreement's terms should be equitable for both parties.