Prenuptial and pre-civil partnership agreements have become increasingly popular in recent years. They are no longer just for the super-rich, but are increasingly relevant for many ordinary couples, especially those who are marrying later in life with more substantial assets and, often, children from previous relationships.
The aim of a prenuptial agreement is to try to ensure before the marriage what would happen if the marriage broke down in the future. They can be very detailed or very simple depending on the circumstances of each case.
It is important to be aware that prenuptial agreements are not automatically enforced by the court but, since the landmark Supreme Court case of Radmacher v Granatino, it is more likely that they will be. This is particularly true if they are completed well in advance of the marriage with the benefit of full financial disclosure, both parties take separate legal advice and provided neither party is under duress. They can therefore be a useful tool in safeguarding wealth.
Our skilled prenuptial agreement solicitors are experienced in drafting and advising on prenuptial agreements and will always endeavour to deal with your matter efficiently to allow you to enjoy your big day knowing all the legal arrangements are properly in place.
For immediate advice, please contact our team or you can read our FAQs to learn more about prenuptial agreements.
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Why trust Clifton Ingram with your prenuptial agreement needs?
- One of the largest Family Departments in the Thames Valley and M3 Corridor
- Ranked in respected client guide The Legal 500 for Family Law, recognising us as some of the best family law solicitors in the region
- Law Society accredited for Family Law as a firm
- All our lawyers are members of leading family law network Resolution
- The specialisation, size and support to advise effectively on even the most complex situations
- A constructive, sensitive approach to help you get a fair prenuptial agreement in place without any negative impact on your relationship
- A service tailored to your needs
‘Modern and forward thinking and strong in children and finances work. Down to earth, pragmatic, sensible and very supportive towards their clients.’– Legal 500 – 2024
Our prenuptial agreement experts can assist with:
- Negotiating the terms of a prenuptial agreement
- Drafting a prenuptial agreement
- Advice on a prenuptial agreement your spouse has asked you to sign
- Making a postnuptial agreement after marriage
- The application of prenuptial and postnuptial agreements during divorce
We can also advise on pre-registration agreements for civil partners and cohabitation agreements for unmarried couples.
Contact our prenuptial agreement solicitors in Wokingham, Reading & Farnham
Our proactive and down-to-earth team of highly experienced prenuptial agreement solicitors work from offices in Farnham, Reading and Wokingham. We deal with prenuptial agreements for clients from all over Berkshire, as well as Oxfordshire, Buckinghamshire, Surrey and further afield.
Speak to a member of our experienced team by calling 0808 164 1510 or using the contact form at the bottom of the page and we will respond quickly.
Learn more about prenuptial agreements
- What is a prenuptial agreement?
- Why should I get a prenuptial agreement?
- How do you get a prenuptial agreement?
- Is a prenuptial agreement legally binding?
- Can you get a prenuptial agreement after you are married?
What is a prenuptial agreement?
A prenuptial agreement, often referred to as a ‘prenup’ is a legal document that couples can sign before getting married (or entering a civil partnership). This document sets out the financial and property arrangements that would take place in the unfortunate situation that they later separate or divorce. Prenups provide couples with stability and the ability to decide how their assets, debts and other financial aspects will potentially be split in the case of a separation, enabling them to enter into a marriage or civil partnership with security and clarity.
Why should I get a prenuptial agreement?
There are multiple benefits to having a prenuptial agreement. They are usually used by couples who have been married before or where one or both parties have assets that they would wish to retain as their own should the marriage end in divorce. Where the couple is younger, parents who may be giving large sums to purchase a property for the family home also often like the idea of a prenuptial agreement so as to preserve the gift for their child.
How do you get a prenuptial agreement?
Getting a prenuptial agreement requires a specific process in order to ensure that the agreement is valid and potentially enforceable. We recommend that couples discuss the possibility of getting a prenup well in advance of their wedding or civil partnership registration to allow sufficient time for negotiation, drafting and legal counsel.
It is also recommended that each party seeks independent legal advice from their own prenuptial agreement solicitors, to make sure that both individuals understand the legal implications of getting a prenuptial agreement. This also helps show that the agreement was entered voluntarily by both parties and that there is no coercion involved.
Both parties are required to then provide full and honest financial disclosures, including assets, liabilities, income and future financial expectations. The prenuptial agreement will then be tailored to fit the specific financial circumstances of the couple, such as debts, assets, financial responsibilities and spousal maintenance. The agreement should also take into account potential future changes like the birth of children.
Once these terms have been agreed, your prenuptial agreement solicitor will prepare a formal, clear and comprehensive written agreement that must be signed by both parties in the presence of an independent witness.
We advise signing the agreement well in advance of your wedding or civil partnership ceremony. We also advise having your prenuptial agreement reviewed regularly or after any significant changes happen within your marriage or civil partnership.
Is a prenuptial agreement legally binding?
A prenuptial agreement is not strictly legally binding, but a court will generally take such an agreement into consideration as long as it was properly prepared and signed by both parties. It is therefore important to have the agreement drafted by a lawyer with specific experience in dealing with prenuptial agreements and for both people to take independent legal advice before signing the agreement.
It is worth bearing in mind that a court is unlikely to enforce a prenuptial or postnuptial agreement that is deems manifestly unfair to either party or to the needs of any children.
Can you get a prenuptial agreement after you are married?
You can only make a prenuptial agreement before you are married, but you can make an equivalent agreement after your marriage, which is called a postnuptial agreement. This provides all of the same protections as a prenuptial agreement.
Postnuptial agreements can also be used where you have a prenuptial agreement, but your circumstances have changed, meaning the existing agreement is no longer suitable and needs replacing.
Contact our prenuptial agreement solicitors in Wokingham, Reading & Farnham
Our proactive and down-to-earth team of highly experienced prenuptial agreement solicitors work from offices in Farnham, Reading and Wokingham. We deal with prenuptial agreements for clients from all over Berkshire, as well as Oxfordshire, Buckinghamshire, Surrey and further afield.
Speak to a member of our experienced team by calling 0808 164 1510 or using the contact form at the bottom of the page and we will respond quickly.