Family Law Solicitors
We understand how important these agreements can be and we use our expertise to prepare a bespoke agreement that meets the specific needs of the client. Book a consultation today.
Head of Family & Partner
A properly prepared pre-nuptial or civil partnership agreement, which is fair to both parties and complies with the guidance, is likely to be upheld by a court on divorce or dissolution. They are a valuable tool for any individual wishing to protect wealth brought into a marriage and those who expect to generate or inherit wealth in the future.
Our specialist family lawyers have extensive experience in drafting and advising on prenuptial and civil partnership agreements. Whether you already have wealth to protect or you expect to come into wealth, we can advise you on the effectiveness of a prenuptial agreement for your situation.
A prenuptial agreement is a contract entered into by a couple in expectation of their marriage. It sets out what they intend to happen in the event of their separation and divorce with regard to their finances and other practical matters. The agreement is a bespoke document which is tailored to each couple. A civil partnership agreement is for couples entering into a civil partnership as opposed to a marriage and it carries the same legal weight
A prenuptial agreement is intended to support and encourage a marriage. The aim is to start the marriage with financial transparency and clarity about how finances will be dealt with during the marriage and in the sad event that the marriage breaks down.
We are always happy to have an informal conversation at no charge to discuss your requirements.
Please note that we do not hold a Legal Aid contract and are therefore unable to provide Legal Aid services. All family matters are undertaken on a privately funded basis only.
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Head of Family & Partner
“Vanessa Friend is the stand out partner in the team. She is exceptionally bright and knowledgeable. She secures fantastic results for her client. She is a very good negotiator and very personable.”
A prenuptial agreement can cover a range of situations. It may be particularly helpful in the following circumstances:
A pre-nuptial agreement can protect an individual’s assets in the event of a divorce or dissolution. These assets may be as a result of personal efforts or assets that you have had from a previous marriage. A pre-nuptial agreement can also avoid financial difficulties by setting out clear expectations of who is responsible for any debts or other financial commitments. It encourages open and honest discussions regarding financial matters before you marry.
A well-drafted pre-nuptial agreement can also significantly reduce conflict, in the event of a later divorce. This in turn can reduce lengthy and expensive legal disputes.
Pre-nuptial agreements aren’t strictly enforceable in England & Wales. However, if properly prepared, they can be fully taken into account by the court if your relationship were to fail. Recent case law has upheld pre-nuptial agreements completely when they have met certain requirements:
It is important that each party receives independent legal advice on the terms of the pre-nuptial agreement, otherwise the agreement could later be overturned.
Even if you write your prenuptial agreement yourself, you’ll still need to prove that you have received independent legal advice from separate solicitors or that you had adequate opportunity to do so.
A prenuptial agreement is a legal document which needs to be carefully drafted to ensure that complies with laws on divorce and has sufficient clarity to be upheld by the court. The document is typically 20-30 pages long.
It is sensible to take legal advice on a prenuptial agreement well in advance of your wedding. This is to ensure that neither party feels under pressure to sign the document as the wedding approaches. It also gives you time to carefully consider what terms you think are fair. At the initial meeting we will advise you on the law in relation to prenuptial agreements and the possible terms for your agreement. Once the proposal has been approved by you, we will prepare a draft for your consideration and contact your partner to let them know an agreement is on its way.
We will ask your partner to consider obtaining legal advice in relation to the agreement. Thereafter there is likely to be a period of negotiation on the terms, which are conducted in a collaborative manner. Once both parties are happy with the agreement, it will need to be signed by each party and their lawyers.
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We understand that family law can be complex, which is why we’re committed to providing a clear and helpful service. We want you to feel as empowered in your situation as possible. We approach prenuptial agreements in a collaborative manner to reduce any stress between you and your partner. We understand that asking for a prenuptial agreement or receiving one is a delicate matter.
We have extensive experience in drafted prenuptial agreements and civil partnership agreements and advising on drafts prepared by other solicitors. Our experience includes:
We’re regulated by the Solicitors Regulation Authority and are members of The Law Society and Resolution, so you can be sure of receiving high-quality legal advice. Combine this with over 45 years of experience and you’ll be in safe hands.
We come recommended by the Legal 500 and are one of the top-ranked firms by Chambers and Partners. With over 20 major legal awards to our name, we’re proud of the impact we’ve made in the legal industry.
Our prenuptial agreement solicitors are here to support you at any stage of the process. You’ll be paired with a highly skilled solicitor who can help you overcome potential challenges. With our help, you can walk away with an outcome you’re happy with.
To speak to someone, give us a call and we’ll arrange a time to discuss your situation and establish how we can help.
As a general rule, it is important that there has been full and frank financial disclosure from both parties and that each party has taken independent legal advice on the terms of the agreement, so that both parties know what they are signing and the implications of it.
Another important factor is ensuring both parties have entered into the agreement freely. This means you both need a full understanding of the implications if the agreement were to be enacted. The agreement should also be drawn up at least 28 days before marriage to allow plenty of time for any conflict resolution. If children are involved, the agreement should be fair and unprejudiced towards them. It should always account for future changes in the marriage or civil partnership, such as providing for future children.
Seeking advice from a lawyer means you’ll be informed of all the risks that could invalidate your prenup. We advise you to do this sooner rather than later.
Although a prenup may have been fair at the time it was created, the court will need to assess whether it is still valid at the time of divorce. This means they will consider any changes in that time. If someone’s financial situation changes, this needs to be addressed. A lack of transparency could compromise the validity of your prenuptial agreement.
It is, therefore, possible to modify a prenuptial agreement during the course of the marriage or civil partnership, as long as you follow the same process. This means both parties should seek independent legal advice and have an understanding of the consequences of these changes. Any changes will need to be made in writing for them to be considered in court.
When drafting a prenuptial agreement we will consider whether any review clauses need to be inserted to ensure that the agreement can adapt to a change in your circumstances.
Typically, prenuptial agreements include details of the following:
This will depend on the approach you take when drafting your agreement, as well as the amount of legal advice and input you receive. Solicitors will charge varying amounts and, if your case is complex, you may need to pay more to reach a resolution. Our solicitors will be able to provide you with an estimate at the outset of your matter.
Usually, a prenuptial agreement will be rejected if the courts have reason to believe that:
Mediation is a process whereby the parties appoint an independent third party to help reach an agreement. Mediation is often a cheaper and quicker alternative to negotiations through solicitors, although if the parties opt for this approach, both should still take independent legal advice during the process. Once an agreement has been reached in Mediation, the parties’ solicitors will be able to assist in drafting the agreement.
An alternative to Mediation is collaborative law. This is a process whereby both parties appoint their own collaborative lawyer and the matter is resolved over a series of round table meetings. This again is often much quicker and cost effective than resolving the matter through solicitors’ negotiation.
A prenuptial agreement should be signed by both parties at least 28 days before the marriage or civil partnership takes place, otherwise there could be a suggestion that a party was pressured into signing it. As unforeseen issues may arise during the negotiations, it is strongly advisable that couples to seek the appropriate legal advice well in advance and for any issues to be resolved before the day.
Many people find this a sensitive topic; however, it a sensible and practical arrangement which will benefit both parties.
It is always advisable that this is raised in good time before the marriage or civil partnership. It will require parties to be open and honest with their finances and have realistic expectations. It may be helpful to speak to a solicitor before discussing matters with your partner so you have a clear understanding of the process and what is involved. Your solicitor will be best placed to give advice on how best to approach the subject with your partner.
Hodge Jones & Allen family solicitors have been recognised as one of Chambers and Partners‘ top firms. We’re also noted by the Legal 500 for our commitment to excellence. You can rest assured that our team are highly experienced in handling even the toughest family law cases.
Hodge Jones & Allen Solicitors is proud of the many positive testimonials that we receive, reinforced by our ‘Excellent’ rating on Trustpilot. Please read through what some of our clients have had to say about their experience with our legal teams.
