With the tendency now being for couples to marry or remarry later in life compared to earlier generations, it is increasingly common for one or both partners to have significant assets they want to protect.
In such cases, a prenuptial agreement can be a great way to give you peace of mind for the future.
Prenuptial agreements, commonly called ‘prenups’, allow you to set out exactly how your assets will be divided in the event that your marriage ends in divorce. This provides both parties with complete certainty and can make your lives much easier if you do ever decide to separate.
Our prenuptial agreement solicitors have the specialise expertise to ensure no detail is missed and that all of the right measures are taken to ensure your prenup meets the requirements to be considered by a judge during divorce proceedings.
We provide a sensitive, but highly practical service, allowing any points of contention to be resolved quickly while minimising the risk of any negative impact on your relationship.
We can also advise you on creating a postnuptial agreement, which is similar to a prenup, but can be entered into any time after your marriage starts, or a cohabitation agreement, which is like a prenup for unmarried couples living together.
Speak to one of our expert prenuptial agreement solicitors, at our office in Chelmsford today, by calling 01245 228106 or use the contact form on the right hand side of the page for a swift response.
Common questions about prenuptial agreements
What does a prenuptial agreement cover?
Generally, a prenuptial agreement should cover all of the assets owned by both parties to the marriage and what will happen to those assets in the event your relationship ends. It can also set out arrangements for children as well as other practical issues.
Are prenuptial agreements legally binding?
While prenuptial agreements are not currently legally binding (i.e. a judge dealing with your divorce can ignore the agreement if they wish) if the prenup is created in the right way it will normally be taken into consideration by a judge during divorce proceedings.
For a prenuptial agreement to be upheld by a court, the following conditions will need to have been met when creating the agreement:
- Both parties must provide full and frank disclosure of their financial position.
- The prenup should be signed a reasonable time before the marriage takes place.
- Neither party should be under pressure to sign the agreement.
- Both spouses must have received independent legal advice before signing the agreement.
- The agreement must be fair to both parties.
- Any significant changes that occurred during the marriage (such as the birth of children) will need to be taken into account and appropriate provisions made.
Do I need a prenup?
While many people still think of prenuptial agreements as being for the super rich, they are increasingly common and useful for a wide range of ordinary couples.
A prenuptial agreement can be useful in a number of circumstances, including:
- If you have assets such as a business that would be difficult to split 50:50
- If one or both partners have children from a previous relationship or other dependants whose inheritance you wish to protect
- If you have an inheritance, compensation settlement or other assets you need to protect
Can you get a prenup for a civil partnership?
The equivalent for a civil partnership is a pre-registration agreement. This allows you to make the same sort of provisions as a prenup, carries the same legal weight and is subject to the same restrictions e.g. that both parties must have independent legal advice etc.
Why choose Gepp Solicitors for a prenuptial agreement?
At Gepp Solicitors we offer a friendly, straightforward and practical service for prenuptial agreements, postnuptial agreements and cohabitation agreements. We know that these matters often require a sensitive approach to ensure the right protections are in place without causing any discord in your relationship.
Across the firm, we have a wide range of expertise that we can call on to make sure all of the relevant issues are considered and accounted for. This includes a very strong residential property team who can advise you on making provisions for your family home and any other property you own, and a private client team to advise on estate and tax planning.