Pre-Nuptial and Post-Nuptial Agreements

How we can help

Post-nuptial agreements determine how the matrimonial assets will be shared if you were to separate or subsequently divorce, and they can reduce the financial and emotional strain of any subsequent divorce, as both parties will be aware of their position when it comes to the matrimonial finances. Our experienced team at Freers Askew Bunting have extensive experience in advising and guiding people in this area.

Individuals often come into a relationship with an unequal balance of assets, with one party owning significantly more than the other. In those circumstances, it may be wise to consider entering into a post-nuptial agreement before marriage. However, it is not only an issue for couples where there is an imbalance in assets; individuals who have been married before and have children may consider entering into such an agreement in order to protect children from previous marriages.

Technically, pre-nuptial agreements are not binding, as the court has the ultimate power as to how marital assets are to be distributed following a divorce; but in recent times, the courts have shown themselves to be more willing to uphold the terms of any pre-nuptial agreement if it can be shown that; the agreement has been signed well in advance of the wedding day, both parties have obtained independent legal advice, there has been an exchange of financial disclosure prior to the agreement being drafted and the agreement is fair with regards to the parties’ individual needs.

A court is highly unlikely to uphold any pre-nuptial agreement if it has been entered into within 28 days prior to the marriage, as there would be no opportunity for a period of reflection in that time frame. In those circumstances, it may be more appropriate to make a post-nuptial agreement, in order to minimise any suggestion that a party had been placed under pressure to sign the agreement. A post-nuptial agreement is the same as a pre-nuptial agreement but is entered into after the wedding day.